Monday, 09 November 2015 08:59

Pensioner awarded €58,000 in damages

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An eighty three year old pensioner has been awarded over €58,000 in damages by the Circuit Court after he suffered injuries as a result of his car being hit by a Garda vehicle.

The Court was told that the pensioner and his wife had been on their way to their daughter’s home for Sunday lunch when their car was hit by a car driven by Garda Michael O’Rourke in Blessington, County Wicklow. The Court was told that the accident had happened when Garda O’Rourke had made a U-turn.

As a result of the accident, the pensioner may have to undergo a hip replacement operation. It was claimed that the pensioner was unable to climb up ladders and do some gardening which he claimed he was able to do before the accident.  The Court heard that the accident exacerbated a degenerative condition which may have never troubled the pensioner, had the accident not happened.

The pensioner took a personal injury claim* against the Motor Insurers Bureau of Ireland, the Minister for Finance and also the driver of the third party car which the Garda was chasing, for negligence and breach of duty.

The President of the Circuit Court, Mr Justice Raymond Grourke, said that the pensioner’s life had been disrupted since the accident. Mr Justice Grourke said that he was satisfied that the pensioner would require surgery which was partly caused by the accident and therefore he would award him half of its costs in that regard.  The pensioner was awarded €45,000 damages for general pain and suffering and a further €13,023 damages for fees and expenses including future expenses.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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