The High Court awarded Desmond McDonagh €2,124.21, including VAT, for damage to his car after finding that a delivery truck driven by James Dent reversed into it. The court made no award for personal injuries and ordered that each side bear its own costs.
Mr Justice Twomey delivered the judgment on 21 February 2019 in a de novo appeal from the Circuit Court. That court had dismissed Mr McDonagh’s claim under section 26 of the Civil Liability and Courts Act 2004, which concerns fraudulent actions, and awarded costs to the defendant. The High Court heard additional evidence and made a different, though not entirely opposite, order.
The collision happened on 9 November 2013 in the delivery service area behind Galway Shopping Centre, on Headford Road. Mr McDonagh said his stationary car was struck by Mr Dent’s reversing truck. Mr Dent said his truck was stationary and Mr McDonagh drove past it, causing the damage. Their respective car assessor experts also gave opposing accounts of how the damage occurred.
The judge said it was impossible to be certain which account was correct, but found on the balance of probabilities that the truck reversed into the car. A significant factor was a letter of instruction from Mr Dent’s insurer to its assessor stating that Mr Dent had reversed into Mr McDonagh. The judgment said this conflicted with the position advanced by Mr Dent in court. The judge also cautioned that the experts’ opinions corresponded with the interests of the parties who retained them.
The court did not accept that the collision caused the personal injuries Mr McDonagh claimed. His claim included neck and back pain and psychological effects, which he had described as life-changing. The judgment considered the relatively minor vehicle damage, medical evidence and Mr McDonagh’s testimony. It also noted evidence of a history of mental illness before the incident.
Because of the additional evidence, the High Court declined to dismiss the entire claim under section 26, which would also have removed the claim for car repairs. It awarded €2,124.21 for those repairs, including VAT, and made no award for alleged injuries. There was no order as to costs: Mr McDonagh remained responsible for his own Circuit and High Court costs, while Mr Dent’s insurer had to pay its own costs.