The High Court has ruled that John O’Reilly was driving a van when it overturned on a cul-de-sac in February 2007, ejecting the plaintiff and causing serious injuries. The court also corrected the first defendant’s name in the proceedings from “John Reilly” to “John O’Reilly”.
Mr Justice Herbert gave judgment on 31 October 2014 in a personal injuries action against O’Reilly and the Motor Insurers’ Bureau of Ireland (MIBI). He found, on the balance of probabilities, that O’Reilly was driving the plaintiff’s van when it struck a ditch and overturned. The plaintiff, who had been an unrestrained passenger, was ejected through the windscreen.
The plaintiff had no recollection of the crash. The judge considered conflicting accounts in hospital records, witness statements and evidence given at the hearing. He accepted the earlier statements made by the plaintiff, his partner Irene O’Reilly and her sister Celine O’Reilly to an accident investigator. He found that the plaintiff had contacted his partner to arrange a lift, and that John O’Reilly later admitted to Celine that he had crashed the van. The judge rejected parts of the women’s later testimony that differed from those statements.
The court found that John O’Reilly was the intended first defendant, although the summons and earlier orders named him as “John Reilly”. The judge held that the 2012 default judgment against the first defendant was not a final order because MIBI’s liability and the assessment of damages remained unresolved. He ordered the title of the proceedings and the court’s orders to date amended to replace “John Reilly” with “John O’Reilly”.
The judgment establishes the first defendant’s liability to the plaintiff. The plaintiff is entitled to judgment against MIBI for any damages that may be awarded for injuries, loss and damage caused by the first defendant’s negligence and breach of duty. The judgment does not state a damages award or amount.