A Limerick man has been awarded €15,490 for a minor soft tissue injury to his neck after a car impacted the rear of his jeep while it was stationary in traffic.
Philip Power, Cliona Park, Moyross, Co Limerick, sued Elizabeth Walsh, Wainsfort Manor Crescent, Terenure, Dublin, the driver of the other car involved in the accident at the junction of Shelbourne Road/Ennis Road, Limerick on Christmas Eve, 2018.
Ms Walsh admitted it was her fault but maintained that the level of impact between the vehicles was so minor that it was impossible for Mr Power to have suffered the alleged or any, personal injuries, loss or damage.
The court heard Mr Power, a supervisor with a construction company, was driving his Mitsubishi Pajero jeep towards the junction and had come to a halt in a line of traffic which was stationary at a red traffic light.
He was the third vehicle from the lights, and he was talking to his front seat passenger, his father-in-law, when the impact occurred. He said he was shunted forward and backward in his seat and was wearing a seatbelt.
He did not suffer any immediate onset of symptoms, got out to look at his vehicle as did Ms Walsh.
Mr Power said there was no obvious damage to his jeep due to the fact that it had a rear towbar which appeared to take most of the impact.
There was however a crack in the reflector on the spare wheel cover and minor damage to the right side rear bumper.
He said the following day he developed a burning sensation at the bottom of his neck just above his shoulder blades and the following week he attended his GP. He stated that his neck pain continued over the following days.
Mr Power attended his GP again on five occasions and also said he attended physio sessions on ten occasions.
He said he was only able to do light duties on his return to work or assist workmen as he had done prior to the accident. About eight or nine months after the accident, he was back doing full duties.
Ms Walsh, who had travelled from Dublin with her 16-month-old child to spend Christmas with her husband's family, said when the traffic lights changed and the first two vehicles at the front moved, she expected Mr Power's car to move too, and she moved her Toyota Rav 4 forwards. She said the impact between the two vehicles was no more than a "tip".
Mr Justice Anthony Barr, in assessing damages, said having observed Mr Power in the witness box, was satisfied he was an honest witness.
He did not allege that he had symptoms immediately after the accident and that the pain had come on over the following days which was entirely consistent with the onset and development of a soft tissue injury to the neck, the judge said.
He found Mr Power suffered a relatively minor soft tissue injury to his neck, with a brief onset of back pain, and with sleep disturbance due to neck pain.
He accepted his evidence that while he was able for the full demands of his work within a short period of the accident, he had some symptoms for up to 18 months post-accident.
Having regard to the evidence tendered in this case, the judge awarded him a total of €15,490.
