Sligo man directed to pay €10,000 to musician he crashed into on Collooney to Coolaney road

By Nathan Molloy, The Sligo Champion

A Sligo musician has been awarded €10,000 after taking a civil case over a road traffic collision that occurred nearly five years ago.

Keelan Kelly (30) of Bru na hAbhainn, Collooney appeared at a civil sitting of Sligo District Court in a personal injuries claim against Alan and Joan Gordon of Bruach na hAbhainn, Coolaney, seeking to recover damages for personal injury, damages, inconveniences and expense.

Mr Eoin McGovern BL, instructed by Mullaney solicitors appeared for the claimant whilst Mr Eugene Deering BL, instructed by Horan and Sons Solicitors appeared for the respondent.

Mr Kelly with Mr McGovern outlined that on September 2, 2021 he was driving home towards Collooney after he got his car washed. He said that he was driving on the Coolaney to Collooney road when Mr Gordon’s car went over on his side of the road and they collided. Mr Kelly said that he was going at approximately 60km/h.

Mr Kelly said that he put on the brakes when he saw Mr Gordon’s car on his side of the road. He added that the driver side wing mirror of his car and the driver side window were smashed after the collision.

Mr Kelly said that he had cuts on his hand from the wing mirror’s glass and that he hit the side of his head.

Mr Kelly said that Mr Gordon was very apologetic at the scene. He added that they waited 10–15 minutes for the gardaí to come. Mr Kelly said that he left his car where it was but that Mr Gordon moved his car to the correct side of the road.

Mr Kelly said that he got cuts on his hand, persistent headaches from where he hit his head and that he still had back pains from the collision. He added that after the collision, he felt really dizzy, nauseous and had a really severe headache. Mr Kelly continued that he went to Accident and Emergency at Sligo University Hospital afterwards.

Mr Kelly said that the hospital staff took x-rays of his back and cleaned his hand. He added that on December 9, 2021 he went to Dr Harris due to his back pains.

Mr Kelly explained that as a musician, he has to stand and sit a lot and that he spends a lot of time driving. He added that he could be standing for two hours straight and that he could be driving from anything between one and ten hours as he does weddings all over Ireland.

Mr Kelly said that he visited Dr. Michael Sweeney on October 4, 2022, due to back pain and his headaches. He explained that if he was sitting for too long, he would have painful back seizures.

Mr Kelly said that Mr Gordon texted him on the night after the accident. Mr Gordon apologised in the text and told him to go to the body shop to repair his car, that he would pay for it through his insurance and that it was the “least he deserved”.

On March 17, 2022, Mr Kelly said that he was enjoying the day with his family at Stephen’s St Car Park in Sligo. He added that Mr Gordon approached him looking to apologise again but that he felt it was not the time or place for it.

Mr Kelly said that Mr Gordon became quite aggressive and that he had to be ushered away from him. He added that later that day, he got angry messages from Mr Gordon on Instagram. Mr Kelly read the messages to the court.

One of the messages sent told Mr Kelly “to name a time and a place so me and you can end this thing”.

Mr Deering then cross-examined Mr Kelly.

Mr Deering asked Mr Kelly why he told Dr Harris that he was travelling at 80km/h when in his direct evidence he said he was driving at 60km/h. The claimant replied that he would have been travelling at 60km/h.

Mr Deering asked Mr Kelly if he would accept that travelling at 80km/h was a significant speed. Mr Kelly replied that it was an 80km/h road at the time.

Mr Deering put it to Mr Kelly that it was not possible to keep well tight to the left side of the road due to the speed he was travelling at. The claimant disagreed.

Mr Deering questioned that there was no mention of physiotherapy after his visit to Dr. Harris three months after the collision. Mr Kelly replied that his friend who does physiotherapy helped him.

The claimant was then questioned by Mr Deering on his lack of visits to his GP due to his back pain. Mr Kelly replied that he used standard paracetamol for it.

Mr Deering asked Mr Kelly about his tailbone surgery in December 2023 and suggested that most of his injuries were caused by his tailbone issues and not the collision. Mr Kelly strongly disagreed and, explained that the back pain from the collision happened when he was sitting in the car for too long. He said that for the surgery, he was in excruciating pain.

Mr Deering asked Mr Kelly why there was glass on the driver’s seat if he was sitting on it at the time of the collision. He replied that the glass could have stayed on the driver’s side door and fell when he closed it.

Mr Deering asked Mr Kelly if the Instagram messages that his client sent him on March 17, 2022 could have been about something else. He replied that he did not know why Mr Gordon contacted him at that point.

Mr Deering put it to Mr Kelly that his version of events did not happen and that he was overstating his claim. Mr Kelly replied that he strongly disagreed.

Mr McGovern called Garda Noel Darcy to the witness box.

Gda Darcy told the court that just before 2:50pm on September 2, 2021, he received a report of a collision. Upon arrival, he noted that the wing mirror of both cars were smashed and that Mr Kelly’s driver side window was also smashed.

Gda Darcy also noted that there was a distance between the two cars. He added that there was enough space on the road for two cars to pass safely. He continued that at the end of his shift that day, he put Mr Gordon as the probable cause of the accident due to his failure to observe.

Mr Deering then cross-examined Gda Darcy.

Gda Darcy confirmed that he noted no injuries on either party and that he relied on Mr Kelly’s version of events. He also confirmed that he did not prosecute either driver and left it to civil remedy.

Gda Darcy said that he had no concern for Mr Kelly’s wellbeing and that he cannot say which vehicle caused the accident.

Mr McGovern called Mr Aidan Brandon, an engineer, to the witness box.

Mr Brandon told the court that a vehicle accelerating moderately could easily reach 80km/h on the road. He added that Mr Kelly’s vehicle was 1.9 metres wide, Mr Gordon’s vehicle was 1.8 metres wide and the road was 5.4 metres wide. Mr Brandon continued that from the crest of the hill on the road, a car’s rooftop would be visible from 70 metres and be totally visible from 50 metres approaching it.

Mr Brandon described the collision as a “significant glancing impact of mirrors”. He added that the collision caused the ejection of glass into Mr Kelly’s cabin.

Mr Deering then cross-examined Mr Brandon.

After being asked by Mr Deering on how far from the crest of the hill, would the drivers have a full view of each other, Mr Brandon replied that it would be 60 metres away from the crest.

When asked on his opinion about the speed limit of the road, Mr Brandon replied that he would consider 80km/h too much.

Mr Deering then called his client to the witness box.

Mr Gordon told the court that on September 2, 2021, he was driving an automatic Ford Fusion with a 1.4 litre engine. He explained that it was his mother Joan’s car as his car was getting fixed.

Mr Gordon said that he was driving for 18 years and that for six of them he was in the motor trade. He continued that he was driving into Sligo to get to Rosses Point for work.

Mr Gordon said that it was possibly 2pm when he left. When told by his counsel that the accident happened at quarter to one, Mr Gordon said that he arrived at work at 2:40pm. He said that there was good visibility on the day and that he was travelling at approximately 60km/h.

Mr Gordon said that he was in the middle of his side of the road. He added that he first noticed the collision when he heard a bang whilst driving past Mr Kelly’s car.

Mr Gordon said that the collision caused €80 worth of damage to his car as the wing mirror needed to be replaced. He added that he spoke briefly with Mr Kelly before Gda Darcy arrived.

On his text message to Mr Kelly on the night after the accident, Mr Gordon said that he thought he was doing the decent thing and holding out an olive branch to Mr Kelly to pay for his car. He added that Mr Kelly told him “what the f**k” after the accident and that he replied “sorry about that”.

Mr Gordon said that he observed no injuries on Mr Kelly and added that he was pacing up and down on his phone before Gda Darcy arrived.

When asked who was at fault for the accident, Mr Gordon replied that both him and Mr Kelly were responsible. He added that he texted Mr Kelly to keep the peace and harmony in the village as he was living in Collooney at the time.

Mr Gordon was then asked by his counsel for his version of events on St Patrick’s Day 2022. Mr Gordon said that he approached Mr Kelly to shake his hand and to tell him that there were no hard feelings about the incident. He added that he did not get a warm reception from Mr Kelly and that he was told to “f**k off”.

On the Instagram messages he sent to Mr Kelly, Mr Gordon said that he did not recall sending them and that he would have had drink taken at the time.

Mr Gordon said that the collision was bad judgement from both him and Mr Kelly.

Mr McGovern then cross-examined Mr Gordon.

Mr McGovern asked Mr Gordon if he was travelling at 80km/h on the day to which Mr Gordon replied no. When asked if he was an expert on vehicles, Mr Gordon replied no, but that he was an expert on his vehicle.

When it was put to him that he was travelling in the middle of the road, Mr Gordon replied that both parties were at fault.

When asked about his apology to Mr Kelly, Mr Gordon replied that it was basic human nature.

Mr Gordon was then asked about his Instagram messages which were sent on March 17, 2022 at 5:28pm. He accepted that he sent them.

Mr Gordon disagreed when Mr McGovern put it to him that he was straddling in the middle of the road, that he was driving at excessive speed and that he was the cause of the accident.

After considering the evidence for a half an hour, Judge Éiteáin Cunningham found that Mr Kelly had made his case. She noted that Mr Kelly was adamant under cross-examination that he drove at 60km/h. Judge Cunningham also noted the medical reports from the two doctors.

Mr McGovern told Judge Cunningham that the bracket that Mr Kelly should be awarded between €12,000 and €25,000 for his injuries.

Mr Deering argued that due to Mr Kelly’s lack of visits to his GP, the bracket should be reduced to between €500 and €3,000. He added that Mr Kelly’s back injuries were in a similar bracket due to his lack of treatment.

Judge Cunningham awarded Mr Kelly €10,000 along with the special damages agreed by both parties beforehand which was €986.96, costs on a District Court scale and a certificate for counsel.

Article funded by the Courts Reporting Scheme.