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General damages assessed at €57k for injuries sustained following road traffic accident
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High Court, in personal injuries proceedings arising from a road traffic accident, determines that the exacerbation of the plaintiff's injuries was not caused by the road traffic accident, refuses the loss of earnings claim and assesses general damages at €57,500.
Personal injuries – assessment of damages – road traffic accident – injuries sustained – cross-examination – low back pain - returned to golf and reduced her handicap despite severity of alleged injuries – alleged turn for the worse - developed a new onset of left sided leg pain - nerve root injection - underwent a discectomy – symptoms recurred - lumbar nerve decompression surgery – symptoms persisted – informed she would need ongoing medication for some time and that there was unlikely to be a complete surgical solution for her symptoms - recurrence of symptoms of low back, and left-sided leg, pain - nerve root decompression - conflicting views of the medical experts - conclusion on the causation of L5/S1 disc prolapse – Court concluded that the cause of the significant disc prolapse that was the source of the new onset of left sided leg pain was not the accident in July 2012 but, rather, ongoing degenerative change that was neither triggered nor exacerbated by that accident - loss of earnings – failed to convince the court that she suffered any loss of earnings – assessment of damages - Court award the sum of €57,500 for general damages.
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