The High Court found that an articulated lorry struck a woman’s car on the N4 westbound after concluding there was no plausible explanation for white paint marks on her vehicle other than contact with the lorry’s white cab.
In an ex tempore judgment delivered on 24 June 2021, Ms Justice Reynolds ruled that Norma Gavigan had made out a sufficient case on liability. The court had directed that liability be determined first. The judgment does not record a decision on the amount of any damages or the final disposal of the claim.
The collision happened between Junctions 3 and 4 on 11 February 2016, between 10.30pm and 11pm. Gavigan said she was driving in the left lane, travelling just below the 80km/h speed limit, when she saw a lorry approaching behind her in the centre lane. She said its left indicator was flashing and that it then hit the right rear of her car, sending it across the road into the central median.
She told the court the airbags deployed and she was trapped until help arrived. The car roof was removed so she could be taken by ambulance for medical treatment. She said she had not heard the impact because her radio was on, but felt the force. She also said photographs showed white paint marks on the rear right side of her car.
The defendant denied any impact between the vehicles. The defence had been prepared on instructions from the lorry driver, who had since died. His death was disclosed by the defendant’s legal advisers about two days before the hearing was due to begin.
The driver’s employer, Barry Lyons, told the court he saw no physical damage to the lorry at the scene and had been told by the driver there was no collision. Garda Lynch also said he noticed no damage to the cab. The Gardaí seized both vehicles for forensic examination, but the paint samples were not pursued. Lynch said alcohol tests on both drivers were negative and he found no evidence of criminal liability, recommending the matter be left to civil remedy.
The judge accepted that damage might not have been visible on the lorry on a dark winter night. She considered the paint marks, Gavigan’s clear and cogent evidence, the concrete central median and the dynamics of a 14-tonne lorry striking a Kia Sportage. On the balance of probabilities, she accepted Gavigan’s account and found for her on liability.