Driver had no insurance, failed a breathalyser test and had a cast on his leg at time of crash

High Court reporters

The High Court has awarded €63,000 in damages against a statutory compensation body and a driver who had no insurance, failed a breathalyser test and had a cast on his leg.

Giving judgment, Mr Justice Mark Heslin said the court was told Jason Kearney, of Elm Grove, Jobstown, Tallaght, Dublin, had a 15-year driving ban at the time of the accident on November 20th, 2016.

Due to Kearney’s lack of insurance, the personal injuries action was also brought against the Motor Insurers’ Bureau of Ireland (MIBI), which is funded through every driver’s policies to compensate victims of uninsured or untraced drivers.

Liability was not an issue in the case, which came before the High Court as an appeal by the defendants from the Circuit Court.

Blameless driver

Mr Justice Heslin said the injuries suffered by Bernard Faughnan (41) have had an adverse effect on many aspects of his life and arise from an accident for which he is “entirely blameless”.

The court heard Mr Faughnan, of Barrettstown, Knocktopher, Co Kilkenny, had a green light as he drove past Jobstown House Pub in Tallaght when Kearney’s jeep broke a red light and collided with his vehicle. Mr Faughnan’s car hit a wall and was “written off”.

His wife and two children were passengers and received some medical treatment.

He said he was briefly knocked out when his head hit off the window, and he later developed a headache and back, neck and shoulder pain radiating down his left side.

Mr Faughnan, represented in court by David McGrath SC, was off work for three months. He told the court his work was very physical, involving manoveuring heavy machinery. He now works as a fitter in a pharmaceutical firm, which is lighter work.

The court did not accept the defendants’ argument that there was a “disconnect” between Mr Faughnan’s evidence to the court and his medical records.

Mr Faughnan had a job that requires bending and twisting, and he will have to continue working hard to try and maintain and improve his state of health, the judge said. He will also continue to require painkillers at times.

The plaintiff was an active sportsman who particularly enjoyed triathlons and duathlons, and the accident took this from him, Mr Justice Heslin added.

He awarded €63,000 damages to Mr Faughnan. He gave a preliminary view that the defendants should pay Mr Faughnan’s legal costs.