Man who took part in 'Hell and Back' less than a year after suffering injuries in crash awarded €40,000
A man who took part in the “Hell and Back” endurance challenge less than a year after he had been injured in a car accident, has been awarded just under €40,000 damages in the Circuit Civil Court.
Kieran Brennan of Monastery Road, Clondalkin, Dublin 22, told Circuit Court President, Mr Justice Raymond Groarke that he had been driving to work via the M50 on 21st December 2015 when he had been involved in a road traffic accident.
Brennan said that while stopped at the Northwood exit he had been hit from behind by a vehicle driven by Dylan Duffy.
He told his barrister, Fiona Pekaar that he had initially suffered shoulder and neck pain but this had soon resolved. Brennan said he had been left with persistent lower back pain that had prevented him from taking part in the same standard of active lifestyle he once had.
He said he had no longer been able to participate in a similar amount of marathon running and soccer matches as he had prior to the accident.
Judge Groarke said that although medical evidence had shown that Mr Brennan had a pre-accident degenerative condition it had not been an issue before the accident and he believed it had been triggered by the M50 incident.
He said Mr Brennan had been suffering with a bulging disk in his back and although most medical reports had suggested this had not been a result of the accident, he could not ignore the report that suggested it had been a factor.
He said defence counsel had pointed out that Mr Brennan had taken part in the ‘Hell and Back’ activity in October 2016 which was a difficult assault course involving various activities.
Judge Groarke said Mr Brennan still takes part in some marathons and soccer once a week and the court did not believe his level of physical activity was the same as it had been before the accident.
He said he was sympathetic to Mr Brennan and awarded him general damages of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy.
Judge Groarke granted a stay on his award on condition Mr Brennan was paid out €20,000.