Lawyer settles damages claim over road traffic accident injuries

A damages action brought by a lawyer and academic over serious injuries he sustained following a car crash in Co Tipperary over a decade ago has been resolved.

The action was brought by barrister Diarmuid Rossa Phelan SC, who also teaches law at Trinity College Dublin, arising out of injuries he sustained in a road traffic accident that occurred on 3 August 2008.

Mr Phelan was a passenger in an almost stationary vehicle which was struck from behind by a vehicle driven and owned by Catherine O’Meara, otherwise Sheehan O’Meara, near a T-junction at Clashnevin, Nenagh, Co Tipperary.

Arising out of the collision, Mr Phelan sued Ms O’Meara for damages. Liability in the action was not at issue and the case, which opened before Mr Justice David Keane last week, was an assessment of damages only.

Following talks between the parties, the judge was informed on Friday by Des O’Neill SC, appearing with Alistair Rutherdale BL for Mr Phelan, that the discussions were successful and the case could be struck out, with an order for costs in favour of the plaintiff.

Fergus O’Hagen SC, for the defendant, said his side was consenting to that course of action.

The judge praised both sides for their endeavour in bringing about a settlement and wished Mr Phelan well in his continued recovery from his injuries.

In his action, Mr Phelan said he suffered serious injury and loss as a result of the defendant’s negligence. Following the collision, he had to be cut from the vehicle and was taken to hospital in Nenagh.

The defendant, it was claimed, failed to keep a proper lookout, drove at excessive speed, failed to slow down and drove a vehicle that was unfit and unsafe to drive.

Mr Phelan suffered several injuries including pain to his spine, neck, knee and his pelvis and sustained soft tissue damage as well as bruising.

He continues to undergo treatment for his injuries, the court was also told. He said that his recovery from those injuries has not been good, and he continues to suffer from pain.

The injuries he sustained caused him to suffer a serious disruption to his personal and professional life.

Tags: Court report

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