Saturday 10 December 2016

Woman injured in traffic accident on college campus awarded €121,000

Published 26/02/2016 | 16:48

Anna Fogarty (PIC: COURTPIX)
Anna Fogarty (PIC: COURTPIX)

A woman who injured her elbow and shoulder in a traffic accident has been awarded €121,000 by the High Court.

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Anna Fogarty (59), of Templemore, Co Tipperary, was injured when a car reversed into the right-hand side of her car on the Limerick Institute of Technology's Thurles campus on November 25, 2011.

She sued the other driver, Michael Cox of Rosemount, Thurles, Co Tipperary.

Ms Fogarty had been studying for a business studies degree at the time of the accident, the court heard.

She claimed that as a result of the accident she suffered tennis elbow and also had injuries to her shoulder.

Liability was conceded but Mr Cox's side contended that the injury to the elbow was caused by the repeated steroid injections administered by her treating doctor.

Mr Justice Anthony Barr was satisfied she suffered an injury to her elbow and shoulder.

He accepted her elbow was sticking out as she was sounding the horn and it banged off the car door when the impact occurred.

He also accepted the evidence of Ms Fogarty that she did not have any problems with her right arm prior to the accident.

Mr Justice Barr said the injuries sustained by Ms Fogarty caused her a significant degree of pain and suffering.  Her ability to carry out activities of daily living were significantly restricted.

She suffered from a lack of grip strength in her right hand.  She found even routine tasks problematic, such as turning the lid of a bottle or tap or combing her hair, he said.

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