A taxi driver was negligent when his car struck a pedestrian on Athlone’s Dublin Road, the High Court has ruled, while finding that the pedestrian’s inattention and alcohol impairment contributed to the collision.
Mr Justice Charleton gave judgment on 26 February 2010 in a personal injuries action brought by Anthony McDermott against taxi driver Patrick McCormack. The collision happened on 26 August 2006. The court found that Mr McDermott crossed from his flat towards the centre of the road and then moved into the taxi’s path. It rejected the driver’s account that Mr McDermott had rushed out from the side of a petrol station and shop.
The judge found that the taxi was travelling at more than 35 miles per hour in an area where pedestrians could be expected to cross, and that Mr McDermott should have been seen. The court also found he was wearing a white T-shirt and was clearly visible, though the fading light may have added to the danger. It held that the driver had failed to exercise reasonable care.
The judgment accepted that Mr McDermott’s judgment was clouded by alcohol and that this contributed to the collision. The judge assessed his contributory negligence at 50%, citing inattention and alcohol impairment. The ruling did not extinguish his right to damages, as the defence had argued.
Mr McDermott suffered multiple fractures, including injuries to his ribs, shoulder, leg, ankle and elbow. The court described several injuries as serious and permanent and found that he was unlikely to return to work. It assessed general damages at €160,000, added €55,080 in agreed hospital expenses, €355 in travel expenses and €40,323 for loss of earnings, producing total damages of €255,758 at full liability.
After applying the 50% contributory negligence reduction, the court awarded Mr McDermott €127,879. The judgment also directed that half of the agreed hospital expenses be paid directly to the hospital by his solicitor.