COURT

Barrister injured in Tipperary car crash settles damages claim against local woman

A damages action brought by a lawyer and academic over serious injuries he sustained following a car crash in County Tipperary more than a decade ago has been resolved.

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The action was brought by barrister Diarmuid Rossa Phelan SC, who also teaches law at Trinity College Dublin, arising out of injuries he sustained in a road traffic accident that occurred on August 3, 2008.

The collision occurred near a T-junction at Clashnevin, Nenagh, County Tipperary, when a vehicle Mr. Phelan was a passenger in was struck from behind by a vehicle driven and owned by Catherine O'Meara, otherwise Sheehan O'Meara.

The vehicle Mr. Phelan was in was almost stationary at the time of the collision.

Arising out of the collision Mr. Phelan sued Ms. O'Meara of Castlequarter, Toomevara, County Tipperary, for damages.

Liability in the action was not at issue and the case, which opened before Mr. Justice David Keane earlier this week, was an assessment of damages only.

Following talks between the parties, the judge was informed by Des O'Neill SC, appearing with Alistair Rutherdale Bl for Mr. Phelan, that the discussions were successful and the case could be struck out, with an order for costs in favour of the plaintiff.

Fergus O'Hagen SC for the defendant said his side was consenting to that course of action.

The judge praised both sides for their endeavour in bringing about a settlement and wished M.r Phelan well in his continued recovery from his injuries.

In his action, Mr. Phelan from Dun Laoghaire said he suffered serious injury and loss as a result of the defendant's negligence.

Following the collision, Mr. Phelan had to be cut from the vehicle and was taken to hospital in Nenagh.

The defendant, it was claimed, failed to keep a proper lookout, drove at excessive speed, failed to slow down, and drove a vehicle that was unfit and unsafe to drive.  

Mr. Phelan suffered several injuries including pain to his spine, neck, knee and his pelvis, and sustained soft tissue damage as well as bruising. He continues to undergo treatment for his injuries, the court was also told. He said that his recovery from those injuries has not been good, and he continues to suffer from pain.

The injuries he sustained caused him to suffer a serious disruption to his personal and professional life.