The High Court found the driver overtaking a truck 80% liable for a collision at a crossroads, with the plaintiff 20% liable for contributory negligence. It awarded the plaintiff €41,600 and costs, after deducting 20% from a gross damages figure of €52,000.
In a judgment delivered on 16 February 2005, Mr Justice Michael Peart said the defendant driver had been travelling at a reasonable speed behind the truck, but had not seen a warning sign placed about 126 yards before the crossroads. The judge found there was no evidence of excessive speeding. He said the driver ought to have seen the sign and either not overtaken there or taken extra care approaching the junction.
The judge said the plaintiff was truthful in saying she had moved from the stop line to a yellow line to improve her view. However, on the balance of probabilities, she had come a little beyond that line, either by moving forward or stopping beyond it. The judge said the damage to her car supported that conclusion. He could not determine whether her car was stationary or moving when it was hit.
He considered it probable that the plaintiff looked to her right and moved forward before checking to her left, or without checking left. The defendant, however, had the primary duty to take care while overtaking, the judge said.
The plaintiff suffered neck, shoulder and back pain and was shocked by the impact. The judge found she had sustained a significant neck and shoulder injury, but was not satisfied that her longer-term lower-back symptoms or carpal tunnel syndrome were attributable to the accident. He noted her prior back difficulties and evidence that carpal tunnel syndrome had several possible causes, including her diagnosed under-active thyroid. He also found that other reasons for her depression could not be attributed to the defendant.
The court awarded €40,000 for past pain and suffering, €8,000 for future damages in light of a good prognosis, and €4,000 in agreed special damages. After the contributory-negligence deduction, judgment was for €41,600, with costs.