The High Court awarded Franz Savino €345,119.70 in damages after finding that a substantial portion of his ongoing injuries related to a 2004 road traffic collision in Swords. The court attributed 35% of his pain and suffering, including future pain and suffering, to a separate incident in which he hurt his back while stopping a pram in July 2005.
Ms Justice Irvine delivered the judgment on 20 April 2012 in an assessment of damages claim against William Snow. The court assessed the injuries and losses after hearing evidence; the judgment does not set out a liability finding about how the collision occurred.
The collision happened on 18 December 2004 at Pinnock Hill, Swords, when a horse ran in front of Mr Savino’s car as he drove to work. The court described significant physical and psychological effects, including persistent back and shoulder pain, extensive treatment and difficulty working. A spinal stimulator implanted in 2010 provided significant pain relief, the judgment said.
The court found that back pain Mr Savino had experienced before the collision was related to kidney problems and was no longer present after kidney stones were removed. It also found that a neighbour’s assault in March 2005 had no effect on the collision injuries.
The judge said the pram incident had a significant ongoing effect on Mr Savino’s pain and treatment. She apportioned 35% of pain and suffering to that event and said the “vast preponderance” of special damages would be apportioned on a similar basis. The defendant called no medical evidence to challenge the medical evidence presented for Mr Savino, the judgment said.
The court allowed €325,338 in special damages before apportionment. It applied a 65% share to most of that sum, while allowing €3,650 for car damage and hire in full, bringing special damages to €215,119.70. The total included past and future earnings losses, pension loss, replacement of the spinal stimulator battery, mortgage interest and other expenses. The judge also declined to deduct injury benefit under section 286 of the Social Welfare Consolidation Act 2005.
For pain and suffering, the court assessed €120,000 to date and €80,000 into the future before apportionment. Applying the 65% share produced €130,000. Added to special damages, the resulting award was €345,119.70.