Tuesday 17 September 2019

Judge cuts damages award in half for crash victim after calling him 'grossly overweight'

  

Michael Noyek: Criticised in court for not exercising. Picture: Collins
Michael Noyek: Criticised in court for not exercising. Picture: Collins

Simone Smith

A judge told a "grossly overweight" accident victim that he had not exercised or made any effort to rehabilitate himself.

Judge James O'Donohoe awarded Michael Noyek (68), of Pace Crescent, Littlepace, Clonee, Dublin, just over €22,000 damages after hearing he had to have shoulder surgery following what was described as a minor impact collision.

The Circuit Civil Court in Dublin heard yesterday that Mr Noyek was involved in a rear-end crash while stopped at traffic lights on Main Street, Blanchardstown, on January 24, 2012.

The court was told he suffered whiplash injuries to his right shoulder and neck after a car driven by Linda Cullen, of Mountainview Cottages, Porterstown, Dublin, collided with the back of his car.

Mr Noyek said he had surgery following the accident because of a tear in his right shoulder.

He said this was necessary 50pc owing to the accident and 50pc owing to a pre-existing degenerative condition.

Judge O'Donohoe said that, as the crash had been only 50pc responsible for Mr Noyek's injuries, he would award him €44,835 general damages and reduce it by half.

He said Mr Noyek was grossly overweight, had not exercised and had not made any effort to rehabilitate himself.

Irish Independent

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