Woman Loses Damages Claim After Roundabout Collision With Tourist’s Car
Woman’s lawsuit Over Roundabout collision Dismissed
Limerick, Ireland – A Limerick woman’s bid for damages following a 2016 car accident involving an American tourist has been unsuccessful. Mary Daly, a 51-year-old homemaker and mother of two, claimed the collision on a roundabout caused an injury to her right shoulder.However,High Court Justice Anthony Barr ruled that Ms. Daly failed to prove a causal link between the accident and her shoulder pain.
The incident occurred on April 16, 2016, as Ms. Daly exited a roundabout onto Tipperary Road. Her car was struck by a rental vehicle driven by an American tourist.While the rental company, Ryans Investments Ltd. trading as Hertz, admitted liability for the collision, they disputed the cause of Ms. Daly’s alleged shoulder injury.
Justice Barr noted that Ms. daly sought medical attention for her mother, who was a passenger in the car, two days after the accident. While Ms. Daly mentioned shoulder pain to her GP at that time, the judge highlighted that she did not report any shoulder symptoms for ten months following the collision.
Further complicating the case, Ms. Daly had a history of previous injuries and legal claims. She had received €104,000 in compensation for a 2014 workplace accident that required surgery and resulted in bouts of lower back pain. She also received €25,000 for a 2015 incident where a shelf fell on her in a DIY store, injuring her arm and wrist.
A scan of Ms. Daly’s shoulder in February 2017 revealed inflammation and a partial tear. However, the scan also stated “no history of trauma,” and medical experts testified that such tears can occur spontaneously without any traumatic event.
Weighing the evidence, Justice Barr concluded that Ms. Daly had not demonstrated, on the balance of probabilities, that the roundabout collision caused her shoulder injury. He dismissed the case, noting that the defendant’s insurers had already covered the €4,000 cost of damage to Ms.Daly’s car.
woman’s Lawsuit Over Roundabout Collision Dismissed
Limerick, Ireland - A Limerick woman’s attempt to claim damages for a 2016 car accident involving an American tourist has been unsuccessful. Mary Daly, a 51-year-old homemaker and mother of two, alleged that the roundabout collision caused an injury to her right shoulder. Though, High Court Justice Anthony Barr ruled that Ms.Daly failed to prove a causal link between the accident and her shoulder pain.
The incident occurred on April 16, 2016, as ms. Daly exited a roundabout onto Tipperary Road. her car was struck by a rental vehicle driven by an American tourist. While the rental company, Ryans Investments Ltd. trading as Hertz, admitted liability for the collision, they contested the cause of Ms.Daly’s alleged shoulder injury.
Justice Barr noted that Ms. Daly sought medical attention for her mother, who was a passenger in the car, two days after the accident. Even though Ms.Daly mentioned shoulder pain to her GP at that time,the judge highlighted that she did not report any shoulder symptoms for ten months following the collision.
Ms. Daly has a history of previous injuries and legal claims. She received €104,000 in compensation for a 2014 workplace accident requiring surgery and resulting in bouts of lower back pain. She also received €25,000 for a 2015 incident in which a shelf fell on her in a DIY store,injuring her arm and wrist.
A scan of Ms. Daly’s shoulder in February 2017 revealed inflammation and a partial tear.However, the scan also stated “no history of trauma,” and medical experts testified that such tears can occur spontaneously without any traumatic event.
Justice Barr ruled that Ms.Daly had not demonstrated, on the balance of probabilities, that the roundabout collision caused her shoulder injury. The case was dismissed, with the court noting that the defendant’s insurers had already covered the €4,000 cost of damage to Ms. Daly’s car.