Driver awarded €170k in damages after Limerick road crash

David Hurley

Reporter:

David Hurley

The High Court was sitting in Limerick
A FATHER of five who was injured in a road accident in the city centre almost four years ago has been awarded more than €170,000 in damages.

A FATHER of five who was injured in a road accident in the city centre almost four years ago has been awarded more than €170,000 in damages.

During a hearing at the High Court, sitting in Limerick, Mr Justice Paul McDermott was told Kieran Kennedy was driving to work at around 7am on June 22, 2011 when his car was struck by another car at Pery Square.

The 38-year-old, who lives in Rhebogue, had to be cut out of the vehicle by the emergency services as did a number of colleagues he had collected a short time earlier.

In his evidence, Mr Kennedy said the car he was driving was turned around 180 degrees in the impact and that he suffered flashbacks of the accident and had trouble sleeping for some time afterwards.

He was taken to the then Mid-Western Regional Hospital by ambulance but was discharged later that evening. He attended his GP a number of weeks later when he began experiencing pain in his neck, back and shoulder.

While the neck pain subsided a number of months later, he attended a physiotherapist and was subsequently referred to a pain specialist by a consultant orthopedic surgeon who said there was nothing that could be done to address the injuries to his back and shoulder.

The plaintiff, the court heard, continues to receive pain-relieving injections and is likely to require them for the rest of his life.

While Mr Kennedy was able to return to work in Shannon a number of months after the accident, his family life has been “severely affected”.

He told the court he put on between two and three stone due to a lack of exercise and that he cannot play with or bath his young children anymore.

He said he can no longer carry out household chores such as gardening and that he finds it uncomfortable to travel in a car for long distances. The court heart that while Mr Kennedy has changed his lifestyle since the accident, he still suffers continuous pain.

In his judgement, Mr Justice McDermott said the injuries sustained by the plaintiff in the accident had “impinged on his enjoyment of running and cycling and family life”.

Noting the various medical reports which were submitted to the court, he added the “preponderance of medical opinion is that the symptoms will continue”.

He awarded damages totalling €171,689 including the cost of medial and pain treatment in the future.

Mr Kennedy was also awarded his costs.