The High Court found Patrick Dunne liable for a November 2016 collision near Edenderry after accepting Adele Volkova’s account of how it happened. The court awarded Ms Volkova €65,000 in damages, plus special damages for vehicle damage and physiotherapy.
In a judgment delivered on 30 May 2019, Ms Justice Bronagh O’Hanlon preferred Ms Volkova’s evidence to Mr Dunne’s. The judge found that Ms Volkova’s car had already passed the front of Mr Dunne’s vehicle when it was struck. The collision occurred when Mr Dunne’s vehicle moved onto the road without yielding to traffic already there, the court found.
The competing accounts were contested. Ms Volkova said she was driving past parked cars when she felt an impact to the left side of her car. Mr Dunne said he was stopped while preparing to turn right and that Ms Volkova attempted to overtake and struck his vehicle. A defence witness also said Ms Volkova was travelling too fast. The judge rejected the defence account as less credible, relying in part on vehicle damage and the evidence of building surveyor Robert Burke. The court found the accident foreseeable and said Ms Volkova could not have avoided it. It found no contributory negligence.
Ms Volkova had pleaded guilty in the District Court to driving without due care and attention and was fined €100. The High Court recorded that history but reached its liability finding after hearing the evidence in this civil claim.
The claim focused on neck difficulties and anxiety. Medical evidence described a mild to moderate whiplash injury, with neck symptoms continuing at the time of the hearing, and anxiety associated with driving. The judge also considered the effect on Ms Volkova’s daily life: she had stopped driving for a period after the crash and struggled to give lifts to family and friends as she had before.
The court awarded €65,000, having regard to the injuries and loss of amenity. It also included €1,000 for damage to Ms Volkova’s car and €2,170 for physiotherapy, comprising bills to date and a further outstanding bill.