The High Court has dismissed a driver’s claim against his former general practitioner over a fatal collision near Dunlewey, Co Donegal, after finding that he had not proved a medical condition caused the crash.
The judgment concerns only the dispute between the driver, William Barr, and the GP, Dr Anthony Delap. The injured child’s claim against Barr had already been settled with court approval. The court’s decision does not determine the child’s settled claim.
The collision happened on 27 May 2008. Barr’s car crossed onto the other side of the road and struck a car carrying four-year-old Noirin McGarvey, who was seriously and permanently injured. Barr’s wife, who was a passenger in his car, died. Barr argued that a sudden medical ailment caused him to lose control, making the collision an inevitable accident. He claimed Delap was negligent in certifying him fit to drive in 2006 and in not later advising him to stop driving.
Justice O’Neill said the evidence did not establish that a medical episode caused the crash. A driver following Barr said his driving had appeared normal before Barr drove straight into the path of the oncoming car. The judge noted there were no brake marks and no sign of evasive steering. He found a momentary lapse of concentration was at least as likely as a medical mishap, and concluded Barr had not proved his medical explanation on the balance of probabilities.
The judge went on to consider the allegations about Delap’s care. He accepted expert evidence supporting Delap’s view that Barr’s earlier dizziness and related symptoms were medication side effects that resolved after treatment changes. The judge found no negligence in the 2006 fitness certificate or in the advice about driving, including after Barr experienced a fainting episode in December 2007. He accepted Delap’s evidence that he had discussed driving with Barr and warned that a recurrence would require the question of continued driving to be considered.
The judgment also records that Delap had not documented the details and results of the 2006 examination in Barr’s practice notes, although the judge accepted that the examination was carried out and reported to the licensing authority. The omission was not causally linked to the collision.
The court did not decide whether Delap owed a duty of care to McGarvey, saying that question was unnecessary to resolve the dispute before it. Barr’s claim for indemnity or contribution against Delap failed.