The High Court awarded €61,321.10 to a warehouse operator after finding that a reversing vehicle caused back injuries in a collision near Gort in April 2013.
The judgment by Ms Justice Bronagh O’Hanlon followed a two-day hearing in Galway in April 2016. The plaintiff, Gerard Regan, said he was stationary in his car at a filling station when Mark McNevin reversed into it. McNevin admitted there was contact but disputed that it was significant or caused injury.
The court accepted Regan’s account of the collision, finding it was more than a minor touch. It relied on his evidence and engineering evidence about damage to his car, including a protruding bumper bar and damage to a headlamp. The judge found, on the balance of probabilities, that the collision caused the injuries.
Medical witnesses disagreed about the cause and likely duration of Regan’s symptoms. The court found that the collision made a previously asymptomatic degenerative spinal condition symptomatic. It accepted that he had suffered pain and would continue to do so, assessing future pain over three years. The judge also accepted that he had lost some enjoyment of life, but rejected his evidence that the collision caused the end of a romantic relationship.
Regan said pain affected his ability to lift at work and take part in activities. His supervisor described arrangements to avoid heavy lifting until the employer introduced a mechanical lifting device for staff. The judgment recorded that Regan missed only a few days of work.
The court awarded €36,000 for pain and suffering to the date of judgment and €20,000 for future pain and suffering. It also ordered McNevin to pay €5,321.10 in agreed special damages, finding that liability for those costs rested with him. The total award was €61,321.10. The judgment does not specify a separate interest award or costs order.