The High Court awarded Maria Flood a net €154,520.94 after assessing damages for injuries she sustained in a road traffic collision in Maynooth in December 2011. Liability had already been agreed at 65% in her favour; the case before the court was to assess damages.
In a judgment delivered on 3 March 2015, Mr Justice Barr accepted Ms Flood’s evidence that she continued to experience constant neck and shoulder pain. He said the injuries affected her work, daily activities and recreation. She had difficulty working at a computer for extended periods, carrying shopping and doing housework and gardening. She employed people to help with cleaning and gardening.
The judgment records that she developed severe neck and shoulder pain four days after the collision and underwent extensive treatment, including physiotherapy, injections and a cervical rhizotomy. She had 27 physiotherapy sessions and 31 GP visits, and had paid €12,724.53 for physiotherapy, GP visits and injection treatment.
Medical opinions differed on the cause and likely course of her symptoms. A consultant orthopaedic surgeon considered that the collision may have aggravated a previously asymptomatic or mildly symptomatic shoulder condition, and said further surgery might be required if a diagnostic injection confirmed the source of the pain. A pain specialist considered that further improvement was possible, although some symptoms might persist. A surgeon who examined her for the defendant questioned whether the impact was sufficient to cause a neck injury and advised caution over further treatment.
The judge found that Ms Flood had suffered injuries to her neck, right shoulder and right arm and accepted that her symptoms continued. On the basis of the medical report before him, he said significant treatment appeared likely in the future.
The court assessed general damages to date at €150,000 and future pain and suffering at €75,000. Special damages were €12,724.53, producing a total full-value award of €237,724.53. Applying the agreed 65% liability share, the net award was €154,520.94. The judgment concerned assessment of damages; liability had been agreed between the parties.