The High Court awarded a woman €46,950 in damages after finding she suffered soft-tissue injuries when a car struck the rear of a bus on Ballyfermot Road in Dublin.
Mr Justice Kevin Cross ruled that the plaintiff’s neck, shoulder and back injuries were caused by the collision on 16 April 2008. The award comprised €45,000 in general damages and €1,950 in agreed special damages.
The defendant admitted that his negligence caused the collision but disputed that the impact caused injury, arguing that it was too slight to have done so. The defence also alleged that the plaintiff had exaggerated her symptoms and sought dismissal of her claim under section 26 of the Civil Liability Act 2004.
The judge viewed bus camera footage that showed little movement of the plaintiff’s head on the upper deck. He found that the impact caused some, but “not very significant”, movement of her head and neck. Footage from the lower deck showed her appearing confused and distressed, holding her back and sitting and standing several times.
The plaintiff was pregnant at the time and initially attended her general practitioner the following day. Her orthopaedic surgeon, Mr Bruce Bough, later found shoulder adhesions and restricted movement. In January 2011, the adhesions were released under general anaesthetic. The judge found that her neck and shoulder symptoms had resolved after the procedure, while some lower back pain continued.
The court accepted that the collision caused soft-tissue injuries, including forces from below that the judge considered likely to have caused most of them. It also rejected the section 26 allegation, finding that the plaintiff had not knowingly given false or misleading evidence. The judge considered her account, her presentation on the bus footage, her mother’s evidence and the objective findings made by Mr Bough.
The plaintiff also sought aggravated or exemplary damages, arguing that the defence had added to her distress by alleging fraud and attacking Mr Bough’s treatment. The judge said the defence had not been entirely unreasonable, particularly after the defendants saw the footage, and found no basis for additional damages. He nevertheless described the attack on Mr Bough’s professional practice as a serious one that lacked supporting evidence.
The court awarded €40,000 for injuries to date and €5,000 for future general damages, in addition to the agreed €1,950 special damages.