The High Court awarded a woman €192,000 after she suffered injuries when she was hit by the wing mirror of a Bus as she crossed the road.
The Plaintiff gave evidence that she was halfway across the road on the evening of the incident, when she was hit on the right shoulder by the wing mirror of the bus which was turning in to the road.
As a result of the accident, she required surgery, had to wear a neck brace for twelve weeks and is left with a scar on her neck.
Liability was accepted by the defendants during the hearing of the case. The High Court judge found that the driver was “entirely negligent” in that he failed to keep a proper lookout and he failed to stay close enough to the left hand side in his own lane. The judge said the woman was crossing at an entirely appropriate and natural point and while it was dark, it was a very well lit area.
The medical evidence indicated that the Plaintiff had to put up with imbalance, difficulty reaching items in her kitchen and difficulty in the normal day to day tasks.
The Judge opined that the driver took a sweeping movement forward and that the 54-year-old Plaintiff had no chance of escape whatsoever. He commented that she had taken all appropriate precautions as she attempted to cross the road and that the driver was negligent in his actions.
The Judge concluded that due to the Plaintiff suffering from a lack of dexterity and feeling in her hands which causes problems putting on jewellery or opening jars, that he assessed her damages for special damages and general damages for pain and suffering in the sum of €192,573.00
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