Posted: August 9th, 2021
Recently at the High Court 57-year-old Joseph Mulcahy was awarded €88,406 neck injury compensation due to the suffering he experienced since his car was rear-ended at a Limerick roundabout during November 2016.
Judge Justice Anthony Barr, as he was delivering his ruling, said that he believed the medical testimony provided that stated Mr Mulcahy had been suffering with a neck condition prior to the incident in question. This condition was exacerbated in the road traffic collision. Mr Mulcahy has already committed to having surgery to address the ongoing pain, even though there is no guarantee it will significantly improve his symptoms. The court was told that successful surgery will only give partial relief of his neck symptoms. It was also felt some pre-existing mental health issues that Mr Mulcahy experienced became worse in the aftermath of the car crash.
Mr Mulcahy informed the Judge that he had stopped his Opel Astra car at the Tipperary roundabout on Ballysimon Road on the day that the accident occurred. He was waiting to advance on to the roundabout when a vehicle driven by Alphonsus Clifford (92) rear-ended him. Mr Clifford did not agree with this account of events. He informed the court that he had come to a halt in the right-hand lane at the roundabout entrance and waited to advance onto it. He alleged that Mr Mulcahy’s swerved into the left lane and crashed into the front passenger side of his car
Mulcahy sued Mr Clifford (92), of Well Park, Garryowen, Limerick, in relation to the accident that occurred on November 11, 2016.
In relation to the damage caused to Mr Clifford’s vehicle, the judge said that it was a little more severe than to Mr Mulcahy’s car. However, a motor assessor representing the defendant agreed that some of the damage could only have been inflicted if the front wheels of the defendant’s vehicle were turned at an angle at the point of impact. It was also pointed out that a garda sketch of the scene indicated that Mr Mulcahy’s car was not on the roundabout when the crash occurred but it had come to a halt at the roundabout entrance within the right hand lane. This meant that the defendant’s claims could not be considered correct.
Liability was contested between the parties and there was lengthy debate in relation to what resulted in Mr Mulcahy’s ongoing pain in his neck and lower back. Justice Barr ruled that the road traffic crash took place as a result of the plaintiff’s vehicle being rear-ended by the defendant’s vehicle at the entrance of the roundabout. Due to this it was ruled that liability for the accident was with the defendant. Additionally there was no contributory negligence factor for Mr Mulcahy to be held accountable for, the Judge added.
Due to these findings, Justice Barr awarde road traffic crash compensation of €50,000 and €25,000 to Mr Mulcahy in relation to the pain and suffering he has endured and will continue to going forward.