Judgment: 2018-06-14 · Court archive

High Court awards taxi driver €82,067 after finding crash caused lasting elbow injuries

The defendants admitted liability for the 2014 collision. The court assessed damages after finding the crash caused permanent elbow problems, ongoing lower-back pain and psychological injuries that had largely resolved.

High Court · [2018] IEHC 358

Who, what, where, when and why

Who
  • Patrick Murphy (Plaintiff)
  • Francis Cleary (Defendant)
What

The defendants admitted liability for the 2014 collision. The court assessed damages after finding the crash caused permanent elbow problems, ongoing lower-back pain and psychological injuries that had largely resolved.

Where

Places mentioned in the report

  • Junction of James Larkin Road and Howth Road
  • Dublin
When

Judgment:

Why

Reasons reported in the judgment

The High Court awarded taxi driver Patrick Murphy €82,067 in damages after finding that a 2014 road crash caused lasting injuries to his elbows and lower back, as well as post-traumatic stress disorder.

The High Court awarded taxi driver Patrick Murphy €82,067 in damages after finding that a 2014 road crash caused lasting injuries to his elbows and lower back, as well as post-traumatic stress disorder.

Mr Justice Bernard Barton said the plaintiff had proved on the balance of probabilities that the collision caused physical injuries to his neck, lower back and elbows. The defendants had admitted liability for the accident, so the case proceeded to assess general damages. Special damages of €2,067 had been agreed, and there was no claim for loss of earnings.

The crash happened at about 3.15am on 29 March 2014 at the junction of James Larkin Road and Howth Road in Dublin. The judgment said the second defendant, Francis Cleary, turned right across Mr Murphy’s path, creating an emergency. Mr Murphy braked and gripped the steering wheel; the impact sent forces through his arms. Both vehicles were written off.

The defendants argued that Mr Murphy’s ongoing symptoms were due to progressive, pre-existing osteoarthritis and that any aggravation caused by the crash would have subsided. The judge accepted evidence from orthopaedic surgeon Eamonn Kelly that the collision had inflamed previously asymptomatic arthritis in both elbows. He found the elbow condition was likely permanent. Further injections that had offered temporary relief were contraindicated by medication Mr Murphy needed for prostate cancer treatment.

The judge also found that Mr Murphy would continue to experience lower-back pain and discomfort associated with soft-tissue and facet-joint injuries. His neck injury had essentially resolved, although underlying degenerative changes would continue to progress naturally. The court found that post-traumatic stress symptoms, including depression, anxiety, disturbed sleep and flashbacks, had largely resolved. The judgment said the plaintiff did not seek compensation for any psychological setback caused by his cancer diagnosis, which was unrelated to the accident.

In assessing damages, the judge awarded €50,000 for pain and suffering to date and €30,000 for future pain and suffering. Adding the agreed €2,067 in special damages, the total award was €82,067. The court ordered payment of that sum.

Read the original court judgment

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