The Circuit Court has dismissed a claim made by the driver of a car, against another driver, where no collision occurred between the two vehicles.
No collision
The plaintiff in a Circuit Court personal injuries action, Deborah Poole, was driving her car on the M50 when, she claimed, she was forced to suddenly and violently apply the brakes of her car. This was as the result of an incident which occurred ahead of her. The defendant, Ms O’Mahony had collided with another car, which, Ms Poole claimed, forced her to take evasive action. She stated that she was forced to veer across lanes to avoid a collision with Ms O’Mahoney’s car.
Both parties agreed that no collision occurred between the plaintiff’s and the defendant’s vehicle.
Ms Poole brought Circuit Court personal injuries proceedings against Ms O’Mahony, claiming that being forced to brake cause significant injuries to her neck. The defendant, Ms Poole, defended the case, claiming that the law did not provide for a right to compensation in these circumstances.
Last October, the case came before Judge O’Donohoe of the Circuit Court who directed that both parties’ legal representative conduct legal research and file legal submissions in relation to whether there was any case law demonstrating a right, or otherwise, to compensation for injury where no impact has occurred.
Claim dismissed
The matter was again before Judge O’Donohoe in late May for hearing. Both parties argued that the law favoured their client’s positions. The defendant’s legal represented contended that there was no case which supported the plaintiff’s claim, and that no case law had been identified to support the plaintiff’s claim that she was entitled to compensation for personal injuries in these circumstances. Judge O’Donohue determined that Ms O’Mahony had no case to answer. He dismissed Ms Poole’s personal injuries action and awarded legal costs to the plaintiff as against the defendant.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
