The High Court awarded €189,000 to a woman whose left ankle was run over when a car struck another vehicle at the side of an icy road in Waterford in November 2010.
Mr Justice Barr found both drivers negligent for losing control on a snow-covered hill and bend. He apportioned 90% of liability to the driver who collided with the vehicle in the ditch, and 10% to the driver of that vehicle. The judge found the injured woman was acting as a rescuer and made no finding of contributory negligence against her.
The collision happened on the Bunmahon to Kill road. The second defendant had lost control of a car owned by the first defendant and it came to rest mostly in a grass verge and ditch. She asked the plaintiff for help. The plaintiff crossed the road with her brother and her daughter’s boyfriend while they tried to clear snow and push the car free. A third defendant then lost control on the bend, struck the rear of the first car and caused it to roll over the plaintiff’s ankle.
The judge accepted engineering evidence that the second and third defendants had failed to keep adequate control of their vehicles. He found the third defendant was travelling too fast at about 15mph for the conditions. The first car encroached only slightly onto the road, and the judge said it did not obstruct the third defendant if he stayed on his own side. He rejected a claim that the second defendant should have sent someone up the hill to warn traffic, finding that doing so without suitable equipment would have put that person in considerable danger.
The court found the plaintiff was part of the effort to help remove the car, even though she was not physically pushing it. Her suggestion to seek a neighbour’s help with a tractor also formed part of that effort. The judge concluded she was a rescuer in law and had not acted with wanton disregard for her safety.
The plaintiff suffered a severe fracture-dislocation of her left ankle, underwent several procedures and later had an ankle fusion. The judgment describes continuing pain, restricted walking and permanent limits on activities including gardening and walking on uneven ground. The award comprised €90,000 for pain and suffering to date, €70,000 for future pain and suffering, and €29,000 in agreed special damages. The judgment made no finding about a pleaded insurer indemnity because no evidence was called on it.