Wednesday 22 November 2017

Talented violinist awarded €25,000 after taxi crash

Violinist Hilda O’Mahony of Ballyfinnan, Ardnacrusha, Co Clare, leaving court. Photo: CourtPix
Violinist Hilda O’Mahony of Ballyfinnan, Ardnacrusha, Co Clare, leaving court. Photo: CourtPix

Saurya Cherfi

A talented violinist who finds it difficult to play her instrument after suffering injuries in a road traffic accident has been awarded €25,000 damages.

Circuit Court President Mr Justice Raymond Groarke accepted that Hilda O'Mahony (33) believed the pain and discomfort she suffers in her right shoulder and arm are related to an accident that happened on March 8, 2012.

However, he said the medical evidence had been "very conflicting."

The judge said several medical reports offered distinct views on her shoulder problem.

On the balance of probability, he said he had to conclude she recovered from her soft-tissue injuries.

While the judge concluded the injuries from the accident were "not particularly serious", Ms O'Mahony needed a perfect shoulder and arm to play her violin and as such it was an exceptional case.

Ms O'Mahony told the court she was a passenger in a taxi that was rear-ended on Wexford Street, Dublin, by another taxi driven by Shehu Olayinka Adisa, of Rathstewart Crescent, Athy, Co Kildare.

She told her counsel she suffered pain in her neck and right shoulder after the impact and needed to attend her GP the following day.

She had been prescribed painkillers. Ms O'Mahony, of Ballyfinnan, Ardnacrusha, Co Clare, said she needs to practise her violin several hours a day and has ongoing pain in her shoulder.

She had suffered discomfort during several auditions, including one for Sweden's International Chamber Music Festival, but had been successful.

Conor Kearney, counsel for Mr Adisa, said liability had been admitted in the case which had become an assessment of the damages only.

He said Axa insurance, on behalf of his client, denied that Ms O'Mahony's ongoing injuries were related to the accident.

The collision was described as "insignificant".

Irish Independent

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