The High Court awarded John Devlin €45,250 against car owner Peter Cassidy for injuries sustained in a 2002 crash, after finding Devlin 50% contributorily negligent for accepting a lift from a driver he knew was unfit to drive. The court dismissed his claim against the Motor Insurers’ Bureau of Ireland (MIBI), finding he ought reasonably to have known that the driver was not insured to drive Cassidy’s car.
The judgment, delivered by Mr Justice Michael Peart on 31 July 2006, concerns a crash in the early hours of 14 July 2002. The driver, Stephen Gaffney, lost control of Cassidy’s car and it struck a tree. Gaffney died. Devlin, who was in the front passenger seat, suffered injuries including an ankle fracture, head lacerations, bruising to his spleen and back injuries.
The court accepted on the balance of probabilities that Devlin had been wearing a seatbelt, despite doubts about his recollection. It found the nature of his injuries more consistent with him having been restrained. The defendants’ allegation that he was contributorily negligent for failing to wear a seatbelt therefore did not succeed.
The court did find Devlin 50% contributorily negligent for travelling with Gaffney. It rejected Devlin’s evidence that Gaffney seemed sober enough, finding that Devlin knew Gaffney was unfit to drive after drinking. The judge said Devlin had been part of the group decision that Gaffney, regarded as the least drunk, should drive them home.
On the insurance issue, the judge accepted that Devlin did not actually know Gaffney was uninsured. But the court found that, given Devlin’s friendship with Gaffney, his knowledge that Gaffney did not own the car and the circumstances, he ought reasonably to have known there was no policy covering Gaffney’s driving. The court applied the exclusion in clause 5.2 of the MIBI Agreement and dismissed the claim against MIBI.
The court assessed general damages at €50,000 and noted that special damages had been agreed at €35,000. It made no award for future pain and suffering, alleged loss of construction-industry earning opportunity or depression. After the 50% contributory-negligence deduction, judgment was entered against Cassidy alone for €45,250.