BRIGID GRIMES -V- DIANE SWIFT

Omagh County Court
18 February 2004
Deputy Judge Canavan

This accident occurred on 2 April 2001 when Ms Swift crossed the path of Ms Grimes causing a collision. Ms Grimes stated that after her airbag had deployed she noticed smoke rising from her vehicle. She believed her car to be on fire and removed her seatbelt in order to get out of the car. She was unable to move from the vehicle due to chest pain and remained in the car until the arrival of the ambulance. Ms Grimes indicated that at the time of her accident and the consequent treatment she was unaware of any question regarding the involvement of her seatbelt.

As a result of the accident Ms Grimes suffered pain and discomfort in her chest, neck and left knee for some several weeks following.

On cross examination it was argued that the triage and hospital notes all indicated that she had not been wearing her seatbelt. Indeed the notes suggested that the information regarding the seatbelt came from Ms Grimes herself rather than the ambulance crew. Ms Grimes denied that she had ever stated that she was not wearing a seatbelt.

It was also highlighted that Ms Grimes failed to mention any pain in her neck or knee to either hospital staff or her own GP. It was not until some 4 - 6 weeks after the accident that she mentioned these pains to her GP. The Plaintiff argued that the pain in her chest had been so severe that she did not ascertain that she had pain in her neck and knee until this had subsided.

It was further put to the Plaintiff that she had claimed benefit in excess of one year as a result of the accident while she had only missed 6 weeks of work. The Plaintiff admitted that she did attend work after 6 weeks but this was on a limited basis and that she was unable to work a full day.

The Judge decided that the Plaintiff was in fact wearing a seatbelt and that the misconception as regards this matter was due to the condition in which the ambulance crew found Ms Grimes on their arrival at the scene. Judge Canavan also accepted that Ms Grimes had been so distraught and shaken following the accident that she had not noticed the pain in her neck and left knee until some several days later.

The Judge awarded the Plaintiff damages of £8000 and dismissed the defendant's argument for contributory negligence.