Two siblings awarded €35k in damages after car was ‘rear-ended’ in Limerick

David Hurley


David Hurley


Two siblings awarded €35k in damages after car was ‘rear-ended’ in Limerick

TWO siblings who were injured in a road accident almost four years ago have been awarded more than €35,000 in damages arising from the incident.

The brother and sister, aged 13 and 11, were passengers in a car which was ‘rear-ended’ while they were travelling at Plassey Road, Castletroy on July 3, 2015.

Through their father the plaintiffs sued the female driver of the car which struck them.

Barrister Siobhan Gallagher said the impact was “significant enough” and that the car in which her clients were travelling was a write-off.

In the case of the girl, Judge Sean O’Donnabhain was told she suffered from neck and back pain as a result of the impact and could not take part in physical activities for around three months afterwards.

Ms Gallagher said while her physical injuries settled after six months she continued to experienced anxiety for some time when travelling in a car.

Her father told the court she has recovered physically, is doing well and that he was happy with the settlement officer which totalled €18,101.

In the case of the girl’s brother, Ms Gallagher said he sustained similar injuries in the impact but that his case was complicated by the fact he was being bullied in school around the same time.

Judge O’Donnabhain was told he began vomiting early in the morning and that it was initially thought he had developed stomach problems as a result of the collision.

However, the bullying subsequently came to light and Ms Gallagher said it is likely this was a “bigger factor” than the injuries he sustained in the collision.

“The bullying was quiet significant,” she said adding it was addressed by the boys parents and his school once it came to light.

The boy’s father said his son “felt bad” for a number of months following the collision and that he gave up sport for around 12 months.

However, he accepted this may have been as a result of the bullying rather than the a consequence of the accident.

Approving the settlement officer of €16,000, Judge O’Donnabhain commented it was a prudent offer in the circumstances.

The monies will be invested by Courts Service and held in trust for the benefit of each of the children when they turn 18.