The High Court has awarded John Ryan €52,869.67 after finding that Patrick O’Sullivan caused a crash on the M7 by losing control while overtaking in wet conditions.
Mr Justice Barr delivered judgment on 27 October 2021 in an action arising from the collision on 13 May 2017, about 750 metres beyond Junction 23. The court found the first defendant entirely liable and held the second defendant, as owner of the Ford Focus, liable with him.
The drivers gave conflicting accounts. Mr Ryan said the Ford overtook his Volvo, began to wobble and crossed into his lane. Mr O’Sullivan said the Volvo moved into his lane and struck his car during the overtaking manoeuvre. Both vehicles then moved left; the Ford hit a stationary car on the hard shoulder, while the Volvo left the motorway and rolled down an embankment. No one was killed.
The judge preferred Mr Ryan’s account. He relied in part on Mr O’Sullivan’s statements to Gardaí at the scene and four days later that he had braked and lost control, which conflicted with his later trial evidence. The court also preferred the plaintiff’s engineers on the damage to the vehicles and considered the scene evidence, the occupants’ accounts and the drivers’ testimony. It concluded that Mr O’Sullivan was travelling too fast for the weather and road conditions, even if he was within the 120 km/h speed limit, and lost control while aquaplaning.
Mr Ryan suffered soft-tissue injuries to his neck, upper back and shoulder, bruising, aggravated migraines and psychological symptoms including anxiety and difficulty concentrating. The court said his physical injuries had largely recovered, but migraines and some psychological effects continued. It awarded €35,000 for general damages to date, €10,000 for future general damages and €2,869.67 in agreed special damages.
The court refused his claims for €5,447.80 in earnings allegedly lost through taking annual leave, because he had not actually lost pay, and €35,687.64 for an unreceived promotion to a role in Denmark. It said the evidence did not establish that he had been offered the job, how the sum was calculated, or that his injuries medically prevented him from taking it. The judge accepted that the accident contributed to his decision to withdraw from the promotion process and awarded €5,000 for loss of opportunity.
The judgment was for €52,869.67 against both defendants. The source does not state any further order.