Thursday 23 November 2017

Judgement reserved in case of woman blinded after 'egging' from car

Ann O'Loughlin

A JUDGE said yesterday he will give his decision later in a case in which a woman says she was left blind in one eye after she was "egged" from a passing car while walking on on the street.

Mother-of-three Ann Doody sued the 17-year-old driver of the car claiming he was liable for the behaviour of his passenger, also 17, who threw the egg.

The 46-year-old nurse and midwife was out power-walking near her home in Shankill, Co Dublin, when the incident happened on the Bray Road on March 26, 2008, the High Court heard.

She had to have an operation to remove the damaged eye two years later and wears a false eye  but worries in case anything happens to the sight in her right eye, the court heard.

The court was told the egg thrower, 17 year old David Morgan, who was a back seat passenger in the car screamed "I hit her, I hit her".

Ms Doody sued the car owner and driver, Niall Clarke (17) of Foxes Grove, Shankill, claiming he was negligent in relation to the management and control  of the vehicle.

Mr Clarke argued the driver is not liable for the wrongful acts of his passenger.

Mr Justice Kevin Cross today reserved judgment.

The court heard  Mr Clarke, as a juvenile, received a caution from gardai in relation to the incident and his insurance company has refused to indemnify him in the matter.

Mr Morgan of The Green, Woodbrook Glen, Bray , Co Wicklow, pleaded guilty at Dublin Circuit Criminal Court four years ago to assault causing harm to Ms Doody and apologised to her.

In submissions yesterday,  David Nolan SC, for Ms Doody, said once the driver knew there were eggs in the car and a window was open, it was foreseeable that an egg was going to leave the car. There was a an obligation he said on the driver to control his passengers.

David McParland BL, for  Mr Clarke, said his client regretted the injury caused to Mrs Doody and said he (Clarke) had given a warning to the other youths in the car not to be messing.

The court previously heard other  youths, not  Mr Clarke, had bought 30 eggs in a shop earlier in the evening.

Mr Clarke's car  had been tracked down after the incident when a householder gave gardai the registration number  ends

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