The High Court awarded Sandra Kelly €247,488 in damages after finding that a 2001 traffic accident caused physical injuries and continuing psychological problems that prevented her from returning to work.
The judgment, delivered by Mr Justice Diarmuid B. O’Donovan on 5 July 2005, concerned a collision at Luke Kelly Bridge in Dublin on 6 April 2001. Kelly was a passenger in a car struck by a taxi driven by Gerry Hackett. The judgment said the taxi entered a traffic-light-controlled junction against a red light. Liability was not contested.
The defence argued Kelly contributed to her injuries by removing her seatbelt to feed her baby. The judge rejected that argument, saying he had heard no evidence that wearing the belt would have reduced her injuries and that he did not think it would have helped given that the front seat had been pushed back against her legs.
Kelly suffered severe bruising to both legs and could not walk for about four weeks. The judgment said the bruising eventually subsided without long-term physical disability. Several weeks after the crash, however, she began experiencing severe fear and panic around cars and traffic. She received psychiatric treatment and counselling, but continued to have difficulty travelling by car or bus.
Consultant psychiatrist Dr Robert Cantrell said Kelly had post-traumatic stress, agoraphobia, depression and phobic panic. He considered her unable to work outside the home because she could not travel to a workplace. He expected no significant improvement for three to five years and said her condition might become chronic, while remaining hopeful she could improve. He was not prepared to say a return to work was probable. A vocational rehabilitation consultant also considered her currently unemployable outside the home and said retraining might be needed if she later returned to work.
The judge accepted Cantrell’s evidence and Kelly’s account. He awarded €25,000 for general damages to the date of judgment and €65,000 for future general damages. He allowed €75,961 for past lost earnings and assessed future lost earnings at €119,340, based on an assumption that Kelly was unlikely to return to work for eight years, with a 15 per cent discount. He also allowed €602 in agreed expenses and deducted €38,415 for disability benefit received and expected.
The resulting award was €247,488. The judgment records the damages assessment and award; it does not describe any separate order on costs.