Posted: January 27th, 2020
At the High Court €80,000 road accident compensation has been awarded to 63-year-old Margaret Keating who was injured when a taxi collided with a Luas tram at a junction.
The compensation award, which was approved by Justice Kevin Cross at the High Court, includes €10,000 for aggravated damages. Justice Cross said he believed Ms Keating to be an honest witness who did not in any way exaggerate her complaints.
Ms Keating had taken the legal action against the the taxi driver, claiming he broken a red light and caused an emergency on the Red Line Luas tram in which she was travelling in 2015. Ms Keating was informed that she was sitting at the back of the tram and hit a support bar in the accident. Due to this she suffered injuries to her neck and shoulder.
The accident happened at the junction of Steevens Lane approaching Heuston Station.
The judge said that Ms Keating was going to be left with some ongoing symptoms into the future and indefinitely, even though her injuries were tissue in nature. He added that Ms Keating “has had a nasty time and has had a significant change in her lifestyle”.
Ms Keating, of Bluebell Road, Bluebell, Dublin, had taken the legal compensation action against taxi-man Martin Mulligan, from Leixlip, Co Kildare, over the accident that occurred on June 15, 2016.
It was alleged that the taxi driver had ran a red light showing against him and he failed to keep any or any proper lookout. Additionally, she also alleged that as a result of the accident she developed a travel anxiety and now has a fear of travelling on trams and trains.
Mr Mulligan refuted that claims that were made by Ms Keating that she had suffered a number of injuries.
Mr Justice Cross said he formed a view Ms Keating was an honest person in relation to the circumstances of the accident and did not exaggerate her symptoms.
The judge said the taxi driver’s legal representatives had applied to have the case dismissed on grounds including that Ms Keating had not included the details of a 2017 accident in documents prepared for the court case and that she had also allegedly withheld the GP’s report from the defendants until June 2019.
Mr Justice Cross said the 2017 accident was irrelevant to the injuries that she had suffered, the subject matter of this case, and he said there was no attempts to deceive.
The Judge also decreed there was no basis to suggest the medical report from the GP was suppressed to mask the 2017 accident.
He said professional misconduct was alleged and it was not right to allege professional misconduct against a solicitor without any possible basis for that claim.
Ruling that Ms Keating was entitled to aggravated damages, Mr Justice Cross said she was never asked during evidence in relation to her subsequent injuries dealing with this accident.