The High Court has dismissed Mary Daly’s personal injury claim against Ryans Investments Limited, trading as Hertz, after finding that her right shoulder injury was not caused by a 2016 road traffic accident.
Mr Justice Barr delivered judgment electronically on 13 December 2024. The defendant had admitted responsibility for causing the collision, and no contributory negligence claim was pursued. The central issue at trial was whether the crash caused the plaintiff’s shoulder injury.
The collision happened on 16 April 2016 as the vehicles were leaving a roundabout. The defendant’s vehicle struck the passenger side of the plaintiff’s car. The judgment records that the defendant’s vehicle was driven by an American tourist.
Ms Daly said she developed severe right shoulder pain within days and told her GP. The court examined the medical records, which contained no right shoulder complaint until 30 January 2017. A February 2017 MRI showed significant supraspinatus tendinosis with a partial tear and local bursitis. The GP referral and MRI clinical information did not connect the symptoms to trauma. Her shoulder was treated with injections and, after ongoing symptoms, arthroscopic subacromial decompression in October 2022. The operation gave significant relief, although she continued to report occasional pain.
The plaintiff’s orthopaedic expert said an accident could make a pre-existing tear symptomatic, while acknowledging that such tears can occur without trauma. The defendant’s expert considered a connection unlikely, citing the delay before documented symptoms and other medical evidence. The judge found that the plaintiff had not complained to her GP about the right shoulder until January 2017 and that the balance of probabilities did not support a causal link to the crash.
The court also drew an inference from the plaintiff’s decision not to call her treating GPs or the GP who prepared a report for her Personal Injuries Assessment Board application. It said their absence strengthened the defendant expert’s evidence and weakened her account that she had reported symptoms earlier.
Because the shoulder was the only pleaded injury and the court found it was unrelated to the accident, the judge dismissed the claim. The defendant’s insurers had already discharged the claim for car repairs. The judgment did not set out final orders or decide costs: the parties were given two weeks to submit brief written arguments on those matters, and the case was listed for mention on 17 January 2025.