Taxi driver awarded €82,000 damages over collision

A man who suffered post traumatic stress disorder and is unable to play golf after a van collided with his taxi has been awarded €82,000 damages by the High Court.

Patrick Murphy, a taxi driver, was unable to return to golf after the crash four years ago because of his inability to swing the golf club, Mr Justice Bernard Barton said.

The judge accepted the medical evidence on behalf of Mr Murphy that, as a result of the accident where a van turned right and collided with his taxi, his arthritis was rendered symptomatic and he now has a severe and painful condition in his elbows.

Mr Murphy (62), of Cranfield Place, Sandymount, Dublin, had sued Malone Engineering Services Ltd, Ballycoolin, Dublin, the owners of the van and its driver Francis Cleary, a company employee.

He claimed, while driving his taxi on the James Larkin Road, Dublin 5, on March 29th, 2014, he was travelling past the junction with the Howth Road, when, without warning, the van made a right hand turn and collided with the front of his car.

He claimed the collision was significant and the impact caused Mr Murphy, who was wearing a seat belt, to be thrown against the constraints of the seatbelt.

It was further claimed the van had attempted to execute a manoeuvre that was unsafe and there was an failure to give way to the car in which Mr Murphy was travelling.

Flashbacks

Liability was admitted in the case which came before the court for assessment of damages only.

Mr Murphy claimed he suffered shock, fright and distress and had pain in his neck, lower back and both arms. He also experienced flashbacks and nightmares afterwards.

Mr Justice Bernard Barton found Mr Murphy was a truthful witness.

He said it was a measure of the man that, when he had to get a taxi home after the accident as both vehicles were written off, he gave a lift to the van driver.

The judge also accepted the medical evidence put forward on Mr Murphy’s behalf.

The judge said Mr Murphy wanted to get back to work but found he could not work nights after the accident.

The fact he could not return to golf was a “particular disappointment” to him and neither could he return to his DIY hobby.

The judge said he was satisfied Mr Murphy had established his case.

He accepted medical evidence that, as a result of the accident, Mr Murphy’s arthritis had been rendered symptomatic.

It was to Mr Murphy’ credit he had dealt with the psychiatric consequences of the accident without the benefit of medication, the judge added.

Mr Justice Barton also accepted evidence Mr Murphy suffered post traumatic stress disorder from which he has now largely recovered.