damages | 

Pregnant mother doubly rear-ended by cars driving close behind her awarded €30k

45-year-old Margaret Kelly Slattery, who was six months pregnant, was awarded just under €30k for neck and back injuries and pain and suffering into the future
Stock image

Stock image

Ray Managh

A 45-year-old mother of two, who was six months pregnant when doubly rear-ended by cars driving close behind her, has been awarded just under €30,000 damages for neck and back injuries and pain and suffering into the future.

Judge James McCourt heard in the Circuit Civil Court that an 11-year-old Vauxhall Astra being driven by bar worker Margaret Kelly Slattery, of Mayeston Crescent, Finglas, Dublin 11, had been struck by a Mercedes which in turn had been hit by a Ford Fiesta in the February 2018 pile-up.

Barrister Martin Dully, counsel for Ms Slattery, told Judge McCourt that, due to a mechanical breakdown in which a rear wheel and part of the axle of her car had sheared off, she had to bring her car to a halt on St Margaret’s Road, Swords, Co Dublin.

Mr Dully, who appeared with Bannon Clinch Collins Solicitors for Ms Slattery, said her car had then been hit by a much heavier Mercedes C 250 driven by Adekunle Adewale, of Bruff Road, Ipswich, England, which in turn had been rear-ended by the Fiesta of Joanna Boylan , Ayrfield Avenue, Dublin.

Mr Adewale claimed he had suddenly been confronted by a cloud of billowing smoke from Slattery’s car and saw the wheel bouncing towards him.

He believed his car had been struck and damaged by the wheel and hub of Ms Slattery’s car ant denied having driven into the back of her car.  He said his own vehicle had been hit by Ms Boylan’s Ford Fiesta.

Ms Slattery had sued both Adewale and Boylan and, in turn,  Adewale had sued Ms Slattery and Ms Boylan.  Judge McCourt held that Mr Adewale, whose Mercedes had been written off by his insurers, had been 75 per cent responsible for the accident and Ms Boylan 25 per cent. His claim against Ms Slattery was dismissed.

Shane English, counsel for Ms Boylan, told Adewale in cross-examination that he had been making up his version of events as he went along.  Judge McCourt said Mr Adewale had led everyone a merry dance including insurers and his own legal team.

Ms Boylan, who accepted liability for having struck Adewale’s Mercedes, told the court she knew little of what had happened ahead of her as she had been confronted with a cloud of billowing smoke before the bang.

Judge McCourt awarded Ms Slattery damages of €29,991 payable 75pc/25pc by Mr Adewale’s and Ms Boylan’s insurers.

In Adewale’s claim against Ms Boylan Judge McCourt said he had been driven into by Ms Boylan and awarded him general damages for pain and suffering of €7,500 and €13,397 special damages including the loss of his Mercedes that had been written off.

On the basis he had been 75 per cent responsible for the collisions he awarded him a decree for €5,224 with District Court costs.

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