Jogger hit by wing mirror is awarded €134,000
The Irish Independent – June 27, 2016
A woman injured when the wing mirror of a van struck her while she was out jogging has been awarded €134,000 by the High Court.
Mr Justice Kevin Cross said teacher Donna Woods suffered quite significant injuries.
Ms Woods (47), of Gaddrystown, Slanemore, Mullingar, Co Westmeath, sued the van driver, Joseph Tyrell Jnr of Sonna, Mullingar, Co Westmeath, as a result of the accident on January 22, 2013.
The judge said Ms Woods was jogging with a friend and was on the inside on the Ballynacarragy to Mullingar road, facing oncoming traffic, when a tractor and trailer passed her on the far side of the road.
Ms Woods saw Mr Tyrell Jnr’s van go on to the grass margin.
She hoped it would go back on the road but it continued on the grass margin and she was struck by the van’s mirror.
The judge said Mr Tyrell Jnr accepted some liability must attach to him but had argued the accident was, in the main, caused by Ms Woods – who was jogging two abreast along the road with her friend.
Ms Woods was also criticised for not having a high-visibility jacket.
However, the clothing she was wearing at the time was bright, the judge said.
Her wrist had to be put in a cast, as she had a flake fracture.
Prior to the accident, she was a very active lady who engaged in triathlons and numerous other demanding physical sports, the judge said.
Making the award, Mr Justice Cross said he assessed Ms Woods as being someone who has suffered a significant injury with ongoing problems, which has had an effect on her life and is likely to persist.
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