A woman who was involved in a motorway collision during a heavy hailstorm four years ago has lost a claim for damages.
Caitrin Cooke (39), a creche owner and mother-of-two, from Roscrea in Co Tipperary, sued Catriona Hackett, of Two-Mile-Borris, Co Tipperary, a student at the time who now works as an IT consultant in London.
After losing her case in the Circuit Court, Ms Cooke appealed to the High Court.
In his judgment, Mr Justice Anthony Barr rejected Ms Cooke’s claim that the incident, which occurred on the M7 between Limerick and Nenagh on April 26th, 2013, was caused by Ms Hackett’s driving.
He said Ms Cooke’s car had spun out of control during the hail shower and continued to turn before it proceeded down the hard shoulder and gravel area of the embankment towards Ms Hackett’s oncoming vehicle.
Ms Hackett, who was by this time also on the hard shoulder and gravel area, had veered to her left to avoid a collision, and it was then there was an impact between the two vehicles. Ms Hackett had to be cut from her car and airlifted to hospital.
Accurate and truthful
The judge was satisfied that evidence given by Ms Hackett’s passenger, Catherine O’Dwyer, was reliable, accurate and truthful.
He said he did not accept evidence “of some significance” in relation to the wearing of a seat belt by Ms Cooke’s passenger, her husband Aidan Cooke.
The Cookes had claimed Mr Cooke was not wearing a seat belt at the time of the impact because he had just got back into the car after it stopped, having checked for damage. Both Mr and Ms Cooke claimed it was then that the collision occurred.
In an attempt to “explain away” contradictions between his evidence and documents provided for the case, Mr Cooke had given “a rambling and somewhat incoherent” account that his solicitor acted without any authority in writing an initiating letter in relation to Mr Cooke’s own separate claim, the judge said.
Mr Justice Barr said he was satisfied Mr Cooke had told his solicitor he was wearing a seat belt.
Ms Cooke’s assertion that Ms Hackett’s car hit the grass embankment before hitting her vehicle was not supported by the evidence, the judge added.
He also accepted evidence of Ms Hackett’s passenger, Ms O’Dwyer, that, prior to the emergency being created by the skidding of Ms Cooke’s car, Ms Hackett had been travelling at a slow and reasonable speed having regard to the severe hailstorm.