A mother-of-two, who was injured and saw her two-month-old baby thrown from its pram when a car broke a red light, has been allowed to transfer her personal injuries claim from the €60,000 jurisdiction of the Circuit Court to the unlimited jurisdiction of the High Court.
udge John O’Connor heard in the Circuit Civil Court today that insurers on behalf of the motorist involved, Vincent Martin, of Mullacash, North Naas, Co Kildare, had conceded the collision had been caused by the negligence of Mr Martin.
Barrister Daniel McNamara, counsel for former Irish resident Jana Novakova (35), now living in her home country of Slovakia, told the court the extent of her injuries and financial loss were being challenged by the defendant.
Defence counsel Emily Moloney opposed the transfer of the case to the higher court on the basis the extent of loss and injury could more appropriately be dealt with under the jurisdiction of the Circuit Court.
Mr McNamara, who appeared with Shane O’Brien of Murray Flynn Solicitors, said that in February 2016 Ms Novakova had been pushing her baby in her pram and holding the hand of her three-year-old daughter on a pedestrian crossing in Dundrum when the defendant had broken a red light.
“The car collided with the pram, knocking it over and throwing the two-months-old baby out onto the road,” Mr McNamara said. He said cases involving Ms Novakova’s children had already been dealt with but Covid-19 had caused the significant delay in her case.
He said Ms Novakova still suffered pain in her right arm and shoulder and had suffered significant psychological injuries.
She could not sleep, had suffered flashbacks and nightmares and had developed Post Traumatic Stress Disorder manifesting as very distressing and intrusive thoughts and images of the accident and what worse might have happened.
Mr McNamara said Ms Novakova continued to suffer pain and psychological symptoms and her special damages alone had been ascertained at just over €54,000 which was only €6,000 short of the Circuit Court jurisdiction.
Judge O’Connor said that on the extent of Ms Novakova’s injuries alone he would transfer the proceedings to the High Court.
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