A retired barrister whose car was rear-ended on the M50 has been awarded €94,757 damages by the High Court.
Barbara Seligman, Mr Justice Anthony Barr said, had given a fair and accurate account of her injuries since the collision in 2014 and had not tried to exaggerate her symptoms.
If anything, the judge said, Ms Seligman tended to underplay her symptoms and the difficulties which they caused her at a particuarly distressing time in her life, when her late husband was terminally ill.
Mr Justice Barr said he was also satisfied Ms Seligman was at “the very opposite end of the spectrum to what may be termed a malingerer.”
The judge said she had dealt with other very serious health issues and had faced them with great courage. She had gone on to live for almost 10 years after receiving a terminal diagnosis of cancer giving her only three weeks to live. This, the judge said, was testament to her determination and resilience.
Ms Seligman (79), who lives in Co Wexford, had sued the car driver, Krzysztok Kuiatkowski, and car owner Marlena Jakubiec, both of Upper Dargle Road, Bray, Co Wicklow, as a result of the collision on the M50 on December 12th, 2014. The case was before the court for assessment of damages only.
The judge said the impact between the vehicles had been quite severe. Ms Seligman’s car was shunted into the car in front and it in turn was shunted into the car in front of it. As a result of the impact, Ms Seligman experienced pain and bruising to the left side of her chest and ribs and there was also bruising on her leg and thigh.
Over the following days she experienced more severe pain and and in 2015 her neck and back continued to be very painful.
The judge said he accepted Ms Seligman’s evidence she remains significantly disabled in the ordinary aspects of her life and in particular her ability to drive long distances has been reduced. Her ability to ascend stairs has been also greatly compromised.
Ms Seligman, the court had heard, is an accomplished bridge player who has represented Ireland at senior level on 22 occasions.