Posted: October 21st, 2019
A former psychiatric nurse who suffered injuries in a car crash in 2015 and then slipped in a supermarket a matter of few months later has been awarded more than €100,000 in personal injury compensation at the High Court yesterday.
Ms Justice Miriam O’Regan estimated personal injury compensation at €20,000 in relation to the road traffic incident. He also awarded another €88,000 personal injury compensation in relation to the fall. The sum of personal injury compensation totalled in excess of €108,000 to Mary Barry of Westcliffe, Ballincollig, Co Cork, at the High Court sitting in Cork.
In calculating the total amount of compensation to be awarded, Ms Justice O’Regan reviewed several aspects of the plaintiff’s legal claims. Her legal team, Seán Lynch and John O’Mahony, asked n opportunity to clarify all issues with John Lucey, representing the defence. Following this, it was agreed that €20,000 was the final figure plus costs in relation to the traffic incident on November 25, 2015, at the Kilumney roundabout near Ballincollig.
More than €88,000 plus legal costs was awarded in relation to her accident and fall at Wilton Shopping Centre on March 2, 2016, thought to have been caused by yoghurt/ice cream on the floor that had not been cleaned up.
In relation to the plaintiff’s claim for post-traumatic stress arising from the car accident, where it had been alleged she was not able to get out of her car for some time after the incident, the judge did not make any compensation award.
Ms Justice O’Regan said yesterday in her judgment said: “Of total significance in my view is that she has indicated she could not get out of the car but evidence was given that she had gotten out of the car on two occasions prior to the arrival of gardaí. That was completely contrary to the evidence she has given.”