High Court, in a case arising from a road traffic accident where the injured party’s car was reversed into whilst stationary in a petrol station forecourt, awards damages of €8,000 plus special damages for the injuries suffered.
Personal injuries – injured party seeking damages for personal injury arising from a road traffic accident – her vehicle was stationary in the forecourt of a petrol station – another car reversed into her car – jolted – other driver claimed that she reversed at low speed and tipped the car and did not feel the impact – injured party claimed to have suffered significant personal injuries – expert evidence as to the significance of the impact – driver of the other vehicle claimed that the injured party acted in an aggressive manner – independent witness proved to be a friend of the other driver and undermined her evidence as to the nature of the impact – injuries suffered - had been involved in a road traffic accident previously, and suffered back and neck pain - discomfort in her neck - ongoing pain in her lower back area - pain down her left thigh which radiated to the knee – conflicting medical reports – other driver’s medical experts stated that the injured party’s doctors conclusions on the extent of the injuries and prognosis could only be based on the subjective information communicated by the injured party to her doctor - understandable exaggeration of the doctor’s subjective belief - proceedings should never have been initiated in the High Court as the appropriate level of damages - no future loss – Court assesses damages of €8,000 plus special damages.