DENISE MARIE BEIRNE -V- SEAMUS BEIRNE

Letterkenny Circuit Court
25th September 2003
Judge O'Donoughue

This road traffic accident occurred on 29th March 2002 when the plaintiff, a minor, was travelling as a front seat passenger in her father's car when it collided with a safety barrier of a roundabout near Omagh. Liability was admitted.

As a result of the accident the plaintiff sustained hyperextension injuries of her cervical and lumbosacral spine. The plaintiff experienced some pain and stiffness in her neck, back and left hip for two months following the accident. Since that time, with the aid of physiotherapy, she continued to improve though she did experience some ongoing stiffness and intermittent pain in her lower back. Both defence and plaintiff medical evidence agreed that the plaintiff had made a good recovery from her injuries and would suffer no long-term disability.

This quantum only case came before Judge O'Donoughue at Letterkenny Circuit Court on Thursday 25th September 2003. The judge awarded the sum of €15,000 for general damages and €250 in respect of special damages.

The Judge awarded this sum on the basis that the plaintiff had experienced problems with her neck, back and leg for a year. Indeed he believed that the plaintiff was still experiencing some discomfort in her leg to the extent that she had not returned to full athletics training which she had actively enjoyed prior to the accident. On the whole Judge O'Donoughue felt that the plaintiff came across as a very truthful witness and surmised that the injury had resulted in difficulties in her social life.