The High Court awarded Martin Vernon €368,771 after finding that a head-on road collision left him with chronic post-traumatic stress disorder and significantly reduced his ability to work.
Liability for the August 12, 2003 accident was not disputed. Mr Vernon was driving his employer’s van on a work call when Gary Colgan’s vehicle came around a bend on the wrong side of the road while overtaking another vehicle and collided with him head-on.
Mr Vernon was taken to University College Hospital Galway with a head injury, bruising and other physical injuries. The court found those injuries had largely resolved within a relatively short period. The lasting consequences were psychiatric and psychological.
Medical evidence diagnosed post-traumatic stress disorder. Mr Vernon experienced depression, anxiety, panic attacks, nightmares, insomnia, hypersensitivity to noise and a continuing fear of driving. He spent four months in an HSE psychiatric hostel in Ennistymon in 2003 and received intensive psychological treatment over more than five years.
Ms Justice Laffoy accepted evidence that his condition had become chronic and that his overall prognosis was poor. His treating psychologist considered full-time employment unrealistic. He was regarded as capable only of limited part-time work in a sheltered, quiet environment.
The court also recorded wider consequences. Mr Vernon’s long-term relationship ended, his family circumstances deteriorated and he remained dependent on medication. He nevertheless undertook retraining and obtained some supported and part-time employment after the accident.
Assessing lost income required caution because Mr Vernon’s pre-accident earnings history was uneven and he had been in his latest job for only about five weeks when the crash occurred. The court therefore rejected calculations based on continuous earnings of about €580 net per week to retirement.
It awarded €70,000 for past loss of earnings, €120,000 for future loss, €175,000 in general damages and €3,771 agreed special damages, producing a total award of €368,771.