The High Court has awarded €134,000 compensation for an injured jogger who suffered a fracture wrist when she was hit by the wing mirror of an oncoming van.
In January 2013, Donna Woods – a forty-seven year old teacher from Mullingar in County Westmeath – was jogging along the Ballynacarragy to Mullingar road with a friend, when she was hit by the wing mirror of a passing van.
Donna was taken to hospital, where she received treatment for injuries to her right hand, wrist, elbow and shoulder, and an injury to her jaw. Donna´s wrist was also put into a cast when it was discovered that she had sustained a flake fracture.
After seeking legal advice, Donna claimed compensation for an injured jogger – alleging that the driver of the van – Joseph Tyrell – had driven dangerously close to her and her friend. Tyrell denied liability for Donna´s injuries, and Donna was issued with an authorisation to take her claim to court.
At the High Court hearing, Mr Justice Kevin Cross was told that, as the two friends were jogging along the road against the traffic, a tractor and trailer had passed them on the far side of the road. Tyrell had given the tractor a wide berth by moving onto the grass verge, but had failed to rejoin the carriageway once the tractor had passed.
In his defence, Tyrell claimed that he had not seen Donna because she was not wearing high-visibility sportswear. He also claimed that Donna must take some of the responsibility for her injuries as she and her friend were running along a busy road two abreast.
Judge Cross dismissed Tyrell´s defence. He said that, on the day in question, Donna had been wearing bright clothing and there would have been plenty of room to avoid the two runners had Tyrell rejoined the carriageway rather than continuing along the grass verge.
The judge awarded Donna €134,000 compensation for an injured jogger – commenting that Donna had suffered quite significant injuries that would persist and prevent her from competing in triathlons and other physically demanding activities.