The plaintiff was a retired primary school teacher 66 years of age. On 8 December 2000 she had been involved in an accident when she was preparing to leave the car park at Knock Airport.
She described, "an enormous noise and crash."Her head hit the mirror and it cracked in two places. She sat close to the wheel and she was in pain which was immediate and dreadful. She wore her seatbelt tight, and she felt it digging into her, it was "terribly painful."
She conceded that when she saw Dr Cook on 10 November 2001 that her neck pain had improved "definitely."In April 2002 she attended her choir and "was allowed to sing which was wonderful."She told the Judge her back had improved, it is stronger and she attributes this to her chiropractor.
Cross examined she disagreed with the defendant's case that the defendant had touched her car, there was a small dent in her boot and that the defendant had rolled forward. "How could I have got such pain?"she said.
Dr Cook, Consultant, for the plaintiff, noted that she had full movement of shoulders and neck, when she saw him she was very well in those areas when she visited him. She had definitely improved by November 2001 and the chiropractor had been working on her sternum. He anticipated continuing pain for some 6 to 12 months. He noted at 10 months when he examined the plaintiff in October 2001, "acute tenderness over the sternum and the adjacent ribs but full movement of the shoulders and arms, full movement of the cervical and dorsolumbar spine."
The defendant, Mrs Gormley said she was driving an automatic Mercedes 280 Jeep. She joined a slow moving queue to exit the car park. In relation to her speed, she said she could not really give an accurate estimation as she simply released her foot off the brake. She was doing 2/3 mph at most. She was stopped, she reached over to her passenger seat to locate the car park ticket, and she released her foot off the brake. The car rolled forward and there was a very slight impact to the person's car in front. The boot lid opened and there was some damage to the boot. Her number plate banged against the boot of the car in front.
She described the plaintiff shouting and crying, the plaintiff went berserk. The plaintiff frightened her. She apologised, and said the plaintiff told her she was going to Limerick for the weekend and "you have spoiled it on me."
Mr Fintan Shannon FRCS gave medical evidence for the defendant and said he could find no objective evidence of the plaintiff's complaints.
The Judge, Mr Justice O'Caiomhe, gave judgment and he said he accepted without reservation the evidence of the plaintiff. As regard the evidence of Mrs Gormley, he said it was clear she didn't appreciate the extent of the damage done. He noted she said she rolled into the plaintiff's car, however, the vehicles were robust cars, and there was damage to the locking mechanism therefore there must have been a considerable impact. He said it was clear there was an accident. The plaintiff had had her last year as a teacher interfered with and that she has "suffered considerably."
The Judge said he accepted her evidence in its entirety. He noted that he had been told that the plaintiff will suffer for a further 6 - 12 months. He felt that the plaintiff's age was a factor in her presentation of her injuries. He awarded the plaintiff €25,000 for pain and suffering to date, €15,000 for pain and suffering in the future, and special damages of €4,144.57, a total award of €44,144.57.