Wednesday 17 January 2018

Motorcyclist (74) awarded €85k damages after being struck by rented car

A MAN has been awarded €85,000 damages at the High Court over injuries suffered when his motorbike was struck by a hired car driven by a Swiss tourist in Dublin.

Wyndham Williams (74), a retired bank executive, of Beechgrove, Booterstown, Blackrock, Co Dublin, had sued over the accident which occurred at the junction of Ailesbury and Merrion Roads in Dublin on July 11, 2011.

The case was brought against Ryans Investment Ltd, trading as Hertz Rent A Car, and Gabriel Ziegler. It was alleged the hired car had swung into his path without indicating any intention to turn right and had gone through a red light.

Mr Williams told the court he went flying into the air and believed he was "done". He was treated afterwards at a Swiftcare clinic and at a hospital A & E, suffered severe pain that night, still experienced pain and was unable to return to playing golf for about seven months.

Becoming very upset, he said he was "very resentful" about the accident and its consequences for him.

Liability was not an issue and Mr Justice Peter Charleton was asked only to assess damages.

The judge noted Mr Williams had suffered thumb and soft tissue injuries, plus loss of libido,  and said there was nothing in the medical reports that contradicted his account of how those injuries impacted on him.

He had said he could not sit for more than 20 minutes without pain and there was a degree of post-traumatic stress in that he experienced flashbacks of the accident and anxiety, the judge said.

Taking into account the overall effect of the injuries and the other factors, he assessed damages at €80,000, plus agreed special damages of €5,076.

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