A WOMAN who suffered serious back and other injuries when hit by a van while crossing a road in Dublin city centre has been awarded €177,575 damages at the High Court.
The case was brought by Amy McKernan (36), an insurance claims manager now living in North Ewington, Oxfordshire, England, over the incident, which occurred about lunchtime on May 7th, 2002.
The case was against Yau Tsali Li and Yuk Fong, respectively the owner and driver of a van, which, it was claimed, came from Clarendon Street around the corner into Wicklow Street and struck her.
She alleged negligence in the driving of the van, including claims it was driven at excessive speed. The defendants denied the claims and pleaded contributory negligence by Ms McKernan in failing to keep a proper lookout.
In his reserved judgment, Mr Justice John Quirke said Ms McKernan told the court she had almost completed crossing the road at the junction of Clarendon Street and Wicklow Street and was about to step on the footpath when the van collided violently with her.
She had said she saw the defendants’ van about 25 metres ahead of her parked outside a Chinese restaurant on Clarendon Street. As she began crossing the road, she noticed the van begin to pull out from its parked position and drive towards Wicklow Street, she said.
She believed she had adequate time to cross the roadway but, as she was stepping on to the footpath, she was struck by the van which hit her right thigh, propelling her over the corner of the bonnet and causing her head to hit the bollard before her mouth and head struck the ground.
The judge ruled Ms McKernan had established negligence in the driving of the van and the defendants had failed to establish Ms McKernan had contributed to the accident and her own injuries by failing to keep a proper lookout.