Posted: March 16th, 2017
A “talented” musician has been awarded €25,000 in compensation for a shoulder injury she sustained in a road accident in Dublin.
On Wexford Street in Dublin in March 2012, one taxi rear-ended another. The passenger in the front taxi-a thirty-three year old musician from Ardnacrusha in County Clare-suffered pain in her neck and right shoulder as a result of the accident. The was diagnosed with soft tissue damage, and prescribed painkillers for her injury by her GP when she sought medical attention the day following the incident.
The woman sought legal advice for pursing a claim for compensation for her injuries. Following the advice her solicitor, the woman applied to the Injuries Board for an assessment of her claim, The negligent taxi driver accepted liability for causing the accident and her injuries. However, the amount of the assessment of compensation for her injuries was rejected by the woman, who happened to be a musician. She claimed the proposed settlement of compensation for an injury in a taxi accident did not reflect the full consequences of her injury, as it affected her ability to play violin.
The case was heard at the Circuit Civil Court in Dublin, after the Injuries Board issued an authorisation for the woman to pursue her claim in court. Mr Justice Raymond Groarke presided over the case. He heard how the pain in her right shoulder prevented the woman from practising her violin several hours a day. In contest to this, the judge was also told by the defendant´s insurance company that her injury was unrelated to the “insignificant” collision between the two vehicles.
The judge stated that the medical evidence in the case was “very conflicting”. The judge did conclude that the injuries from the accident were “not particularly serious”, and that the woman was likely to make a full recover. In spite of this, the judge acknowledged that the woman needed a perfect shoulder to practise her violin and as such it was an exceptional case, as she had been described as a “talented musician” in court.
Judge Groarke finally awarded the woman €25,000 compensation for an injury in a taxi accident, stating he accepted the plaintiff´s belief that the discomfort she suffers is related to the March 2012 accident.