The High Court has awarded Philip Power €15,490 after finding that he suffered a minor neck injury in a rear-end collision in Limerick, despite the defendant’s argument that the impact was too slight to cause injury.
Mr Justice Barr found that the collision on 24 December 2018 was minimal, but accepted that Mr Power sustained a soft tissue injury to his neck, with brief back pain and sleep disturbance. The award comprises €14,500 in general damages and €990 in special damages.
The collision happened at traffic lights at the junction of Shelbourne Road and Ennis Road. Mr Power’s Mitsubishi Pajero was stationary when it was struck from behind by Elizabeth Walsh’s Toyota Rav 4. Ms Walsh admitted the impact was her fault, but argued that it was so minor that it could not have caused the alleged injury or loss.
The judge preferred Ms Walsh’s account of the impact’s severity. Vehicle photographs showed limited damage, including a cracked reflector on Mr Power’s spare wheel cover and damage to the front grille, number plate and badge of Ms Walsh’s car. The court accepted engineering evidence that the towbar on Mr Power’s vehicle was struck before the Rav 4’s badge contacted the reflector. The engineer had not examined either vehicle, a limitation the judge said reduced the weight of his evidence.
Mr Power said neck pain began the day after the collision. He attended his GP on five occasions and was referred for physiotherapy. The judge accepted his evidence that he had about ten sessions, although there was no documentary evidence of the number. The court also accepted that he had symptoms for up to 18 months, while finding he was able to resume full work duties within a short period.
The defendant’s medical expert considered injury unlikely and said any injury would be minor and short-lived. The judge preferred the evidence of Mr Power’s GP, who treated him during the period shortly after the accident. The judge described Mr Power as an honest witness and found his account consistent with a soft tissue injury.
The judgment did not make the final order on the day. The parties were given two weeks to provide written submissions on the terms of the final order, costs and any other matters. The case was listed for a remote hearing on 27 July 2023 to make final orders.