The Supreme Court has upheld a 40% reduction in damages awarded to a woman injured while travelling with a drunk driver in Cork in 1999.
Cynthia Hussey, then a 21-year-old commerce student, was a front-seat passenger in a Ford Fiesta driven by Eugene Courtney shortly after midnight on 20 July 1999. Liability for the crash was admitted, but the defendants argued that Ms Hussey had failed to take reasonable care for her own safety by travelling with Mr Courtney after he had been drinking.
The group had spent the evening in Chevies bar on Blarney Street. Ms Hussey said Mr Courtney appeared fine and that she had not seen him drinking. However, Detective Garda Liam Ruttle, who encountered him shortly after the collision, described him as very drunk, with blurred eyes, slurred speech and needing physical support to walk.
The High Court found that Ms Hussey knew, or ought reasonably to have known, that Mr Courtney had been drinking. It reduced her damages by 40% for contributory negligence.
The Supreme Court upheld that finding. Mr Justice Kearns said a passenger may be contributorily negligent where they voluntarily travel with a driver whom they know, or should reasonably realise, has consumed enough alcohol to impair driving. The question is assessed objectively, while taking account of the passenger’s individual circumstances.
The court also rejected Ms Hussey’s appeal on damages. She had later developed significant lower-back problems requiring surgery, but had been involved in another substantial road crash in June 2000.
The High Court attributed the serious lower-back injury mainly to that second accident. It had awarded €83,309 before the 40% reduction, leaving just under €50,000.
The Supreme Court found ample evidence supporting both the liability and damages findings and dismissed the appeal.