VINCENT MCGEEHAN V CIARAN CRUDDEN

Enniskillen Court
16 October 2003
Judge Ruth Collins

This matter proceeded as a consented action before her Honour Judge Ruth Collins. We acted on behalf of the Defendant. The Plaintiff issued a Civil Bill claiming £5,000 damages for personal injuries, loss and damage sustained by him as a result of a Road Traffic Accident. The Defendant made a lodgement of £1,350 in satisfaction of the Plaintiff's claim.

The Plaintiff's case was that he was travelling along the country road when he saw the headlights of the Defendant's car coming over the brow of the hill. In response to this he stopped his car but the Defendant's car hit him. He stated that the accident occurred on a wide part of the road and the Defendant drove into him because he was driving too fast and his car lost control.

Under cross-examination the Plaintiff accepted that he did not wish the police to be called to the scene of the accident as he had alcohol consumed and he was afraid of being breathalysed. The Plaintiff also claimed that he still suffered from pain in his chest but it was put to him that according to medical evidence his symptoms had gradually resolved and would have resolved satisfactorily during the first six months or so, post accident.

The Defendant's case was that he was driving over the brow of the hill when he saw the Plaintiff's car. He braked, but estimated that they were still travelling at 10 mph when the impact occurred. He stated that the accident occurred on a narrow part of the road. He said that at the scene of the accident they agreed that the accident was 50/50 and they would pay for the damage to their own cars. He said that the Plaintiff had drink taken and that was why he did not want the police at the scene of the accident.

Her Honour preferred the Defendant's version of events. She awarded the Plaintiff the sum of £1,500 general damages together with vehicle excess in the sum of £75, but reduced same by £50% for contributory fault, making an award in the sum of £787.50

As a lodgement was made in the sum of £1,350 the Plaintiff failed to beat it. The Plaintiff was penalised in respect of his own costs and must discharge 25% of the Defendant's solicitor's costs and outlay together with 100% of counsel's fees.

In these circumstances, as the Plaintiff's exposure to costs, exceeds the decree, there was no payment made to him.