Posted: June 29th, 2019
Kieran Brennan, Dublin, has been awarded just under €40,000 car accident compensation at the Circuit Civil Court to a traffic accident that took place on the M50 as he was travelling to his place work on December 21 2015
The Circuit Civil Court was told that Mr Brennan, who has an address at Monastery Road, Clondalkin, Dublin 22, had brought his vehicle to a halt at the Northwood exit when he was hit from behind by a car owned and driven by Dylan Duffy.
Fiona Pekaar, Barrister for Mr Brennan, told the court that Kieran had experienced shoulder and neck pain following the accident but this had soon improved. Mr Brennan said still experiences constant lower back pain that has prevented him from conducting the same active lifestyle he had previously, including being unable to train for and enter a comparable amount of marathon running and soccer matches as he had before the accident occurred.
Medical evidence was presented in court to show that Brennan had suffered from a pre-accident degenerative condition. However Judge Groarke said that he believed that this condition had not been an issue before the accident happened and he was of the opinion that it had been caused by the M50 incident.
In his ruling, the Judge said that Mr Brennan had been suffering from a bulging disk in his back and although most medical reports had indicated this had not been caused by the accident, he could not disregard the report. He said that it had clearly been one of the results of the accident.
Legal representatives for Mr Duffy referred to the fact that Mr Brennan had taken part in the ‘Hell and Back’ obstacle course in Bray, Co Wicklow in October 2016. Hell and Back is an assault course involving various activities and obstacles to be overcome. However, Judge Groarke said Mr Brennan still trains for and takes part in some marathons and also plays soccer once a week, adding that he did not believe his level of physical activity was at the same level as it had been before the accident took place.
Judge Groarke awarded Mr Brennan car accident compensation of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy.