The High Court awarded Yvon McCarthy €170,000 in damages arising from a December 2008 road crash at the Nine Mile Stone roundabout in Ashbourne, Co Meath. The award covered general damages, past loss of earnings and agreed special damages. The court did not award future loss of earnings.
Ms Justice Irvine assessed the claim following a collision in which the plaintiff’s car was struck head-on by a jeep whose driver had lost control. The judgment, delivered on 5 February 2014, records that the plaintiff suffered a small fracture to her left kneecap, a cut to her left eyelid, soft tissue injuries to her neck and back, and psychological symptoms including post-traumatic stress.
The court found that the neck injury resolved within weeks and that the back injury caused significant discomfort for about a year before recovery. It accepted that the plaintiff had experienced some eye symptoms and significant post-traumatic stress for about 12 months, followed by less severe symptoms for a further possible six to 12 months. The judge noted that the medical evidence did not establish the duration or severity of her psychological symptoms beyond 2009.
The knee continued to cause some discomfort, but the judge found that its extent and effect on daily life were difficult to assess because the medical opinions about possible underlying causes were speculative and imaging showed no clear structural damage beyond the fracture and bone oedema. The court concluded that the remaining discomfort was low grade, expected to improve, and likely to settle without complication within one or two years.
The plaintiff had returned to part-time clerical work in May 2013 and said she could not manage full-time hours. The court accepted that she would probably have remained in full-time employment but for the injuries, subject to maternity leave. It reduced her past earnings claim to €60,000, taking account of likely childcare costs and other circumstances.
However, the judge was not satisfied that the medical evidence showed the injuries prevented a return to full-time secretarial or administrative work. The court therefore made no award for future loss of earnings. It awarded €85,000 for general damages to the hearing date, €15,000 for future pain and suffering, €60,000 for past loss of earnings and €10,000 for agreed special damages, making a total of €170,000.