A woman found to have exaggerated the symptoms of chronic pain she suffered after being injured in a collision while travelling in a taxi has been awarded €95,000 by a judge, €55,000 less than she was offered to settle the case.
Joanne Cullivan (43), of St James Court, Echlin Street, Dublin, said she had experienced chronic pain since her head struck the taxi’s headrest when the vehicle collided with a fence during a reversing manoeuvre.
Ms Cullivan is to appeal the award after the court heard she declined an offer of €150,000 made on behalf of the taxi driver’s side to settle the case.
Ms Cullivan, a HSE project worker, sued taxi driver Con O’Leary, of Villa Park Gardens, Ashtown, over the September 1st, 2011, incident which happened as she was on the way to meet a client.
Liability was admitted and the case was before the court to assess the amount of damages.
Ms Cullivan was leaning slightly forward with her arm fully extended directing the driver which way to go after the taxi took a wrong turn. As she did so, the vehicle it hit a palisade fence behind them and Ms Cullivan’s head hit the top left hand side of the headrest.
Full life
She sued claiming she had developed chronic pain syndrome (CPS), had remained out of work since October 2012 and might never be able to return to work.
It was argued that she lived a full life before the accident, wanted to get back to work and had made strenuous efforts to improve her symptoms. She had not fabricated or exaggerated her symptoms, the court heard.
She claimed special damages of more than €794,000 on the basis of a rehabilitation consultant’s view that she was unlikely to return to the workforce.
Mr Justice Raymond Fullam said he was satisfied Ms Cullivan had exaggerated her symptoms and their connection with the incident. But he accepted she has CPS based on the evidence presented by experts in the case.
There was agreement between the experts as to the appropriate treatment for her and a difference, but only of degree, about her prognosis.
In light of the exaggeration, the judge said he preferred the prognosis of the defendant’s psychiatrist that she should be able to return to work three months after the conclusion of litigation.
Ms Cullivan was therefore entitled to €48,672 for loss of earnings and medical expenses, along with €40,000 for general damages and future pain and suffering. Together with loss of earnings for the next three months, the total award was €95,537.
Paul O’Neill, for the taxi driver, said, because an offer of €150,000 was made to Ms Cullivan’s side in 2015, costs should be awarded on the appropriate scale.
Counsel for Ms Cullivan asked for a stay on the costs order, saying there would be an appeal.
Mr Justice Fullam directed €60,000 of the award be paid out now and agreed to put a stay on the award of costs.