Car testing inspector who suffered 'appreciable distress' following workplace accident awarded €65K damages
A car testing centre inspector who was rear ended while carrying out an inspection of a vehicle has been awarded €65,000 by the High Court for injuries he suffered in the accident.
Fabian Karra (34), a native of South Africa with an address at Cianlea, Blainroe Upper, Wicklow, was testing the brakes on a Toyota Avensis in the test centre at Deansgrange Business Park in Cabinteely, Dublin, on March 18, 2014, when a Mini Cooper driven by a co-worker collided with the rear of the Toyota.
He sued his employers, Applus Car Testing Service Ltd, Citywest Business Campus, Dublin, and Gill Hansi the co-worker and fellow employee of Applus.
It was claimed, among other things, there was a failure to have adequate regard for the fact that the Toyota was on the "brake rollers" in the test centre, a failure to keep an adequate lookout, and failure to drive with due care. The claims were denied.
He claimed he suffered neck, shoulder and left arm injuries as a result of the accident.
Mr Justice Michael Moriarty, who said it was an unusual accident, awarded him €65,226. He said Mr Kappa suffered "appreciable distress" in relation to his family and work life as a result of the injuries.
The judge said the greater part of the award, €50,000, was for pain and suffering to date while he awarded €12,000 for pain and suffering into the future. The remainder was made up of agreed special damages.
The case was adjourned for a week to allow the defence consider whether to seek a stay on the award pending appeal.