The High Court has awarded Breda Byrne €35,000 and Sally Byrne €37,460 after finding that a 2014 road collision in County Wexford was genuine and rejecting an allegation that it had been fabricated.
Ms Justice Bronagh O’Hanlon heard the women’s separate Circuit Court appeals together, with the parties’ agreement. Her judgment, delivered on 17 May 2018, says both women were passengers in Edward McCormack’s car when it rear-ended a vehicle driven by Billy Cullenmore on a crowded road near Whitemill Road. The judgment also refers to the location as Windmill Road.
The court heard that the women had accepted a lift after shopping at Lidl. Sally Byrne was in the front passenger seat and her mother, Breda, was in the back. Gardaí attended. Cullenmore was not injured, and his car was later written off.
The dispute on liability centred on whether the collision and vehicle damage were genuine. Cullenmore testified in the appeals, having not been called in the Circuit Court. The judge described him as credible and said he had been unaware that his vehicle’s earlier damage had become part of the dispute. Witnesses who heard the impact described a loud bang; some also saw steam, though none of those witnesses saw the collision itself.
The plaintiffs’ engineer considered the damage and paint transfer consistent with the collision described. The defence engineer, who examined photographs and similar models rather than the cars involved, disputed that conclusion. The judge preferred the plaintiffs’ engineer’s evidence and said the suggestion that damage had been added after impact was not proved. She found the collision was genuine and that McCormack had rear-ended Cullenmore’s car. The defendants were held jointly and severally liable.
The judgment records that Breda Byrne had continuing right shoulder and chest pain, with the accident aggravating pre-existing conditions and affecting housework and sleep. Sally Byrne suffered neck and left shoulder injuries and had difficulty with lifting and standing. The judge said Sally had pain and loss of amenity for at least three years.
The court awarded Breda Byrne €35,000. It awarded Sally Byrne €35,000 plus €2,460 in special damages, for €37,460. The judgment records a combined award of €72,460. It does not set out a separate order for costs.