Posted: November 25th, 2019
€15,000 road traffic accident compensation has been awarded to a model and personal trainer due to a shoulder injury she suffered when a cherry picker van reversed into her Audi car close to the famous Five Lamps in Dublin.
Judge Jacqueline Linnane in the Circuit Civil Court praised Ms Zoe Whelan for having made an early disclosure to the defendant that she had previously settled two compensation actions for €12,500 each.
Judge Linnane said stated: “All medical reports were fully furnished in relation to Ms Whelan’s previous accidents before this case came to court. There is no question of anything having been concealed from the defence and I want to make that very clear.”
Legal representative in court for Ms Whelan, barrister John Nolan, was advised by Judge Linnane that the court had found her testimony in relation to the December 2017 accident far more compelling than that given by the two witnesses appearing on behalf of Electsol Services Limited. The testimony given by these witnesses stated that Ms Whelan had driven at speed into the back of its cherry picker van which was being operated in the repair of street lamps in Dunne Street, Dublin.
Ms Whelan (25), with an address at Newbury Park, Clonshaugh, Dublin, told the court she had stopped to the rear of the Cherrypicker in question. The cherry picker had been partly blocking the street and was shocked when she saw its reverse lights come on as it shifted back backwards towards her. She added that there was nothing else she could do when she saw the reversing lights.
Ms Whelan stated: “I was screaming and pumping the horn but it kept coming and crashed into the front of my car. My right arm was fully extended and firmly on the steering wheel as I pumped the horn with my left hand. When it struck my car my arm was pushed back, injuring my right shoulder.”
In what Judge Linnane referred to as a vigorous cross-examination by defence counsel, Ms Whelan told the court she did not fabricate the events, denying defence allegations that it was her who had driven into the back of the cherry picker.
Tony Doyle, the driver of the cherry picker told Mr Nolan the reverse lights would have come on when he had put the vehicle into reverse gear but he had not moved it as he did not have an interior rear mirror. He said that he had been awaiting hand signals from Mr Leavy. When there had been no signals he had got out and saw there had been an impact with ms Whelan’s car.
Judge Linnane said Ms Whelan had informed the court her shoulders were injured in both of the two previous accidents mentioned and the court accepted the December 2017 incident would not have helped the earlier injuries she sustained.
Categories: Road Traffic Accidents