A WOMAN who was injured eight years ago when a train in which she was a passenger collided with cattle outside Claremorris, Co Mayo, was awarded Pounds 247,246 by the High Court yesterday.
The award was made by Mr Justice Kinlen to Ms Pauline Walsh (67), Glenbeigh Park, Old Cabra Road, Dublin. Ms Walsh was a passenger in a special pilgrimage train travelling between Dublin and Knock when the accident happened in September 1989. The judgment was against Iarnrod Eireann.
Ms Walsh claimed she suffered injuries to her back and chest when she was thrown violently across the carriage. She also claimed that she suffered from post-traumatic stress.
Mr Michael Hanna SC, for Iarnrod Eireann, said that in a previous High Court action liability was apportioned at 30 per cent against Iarnrod Eireann and 70 per cent against Mr Patrick Diskin, Ballygowan, Claremorris, who was driving the cattle across the accommodation crossing when they broke loose.
Proceedings against a third defendant, Mr Michael Diskin, who owns the adjoining lands near Claremorris where the accident took place, were dismissed. The Supreme Court later affirmed all aspects of the High Court ruling.
Ms Walsh's personal injuries claim was against Iarnrod Eireann and Mr Patrick Diskin and Mr Michael Diskin. Her claim, however, was met by Iarnrod Eireann because of the effect of the Civil Liability Act, 1961.
Mr Justice Kinlen said the court was satisfied that, as a matter of probability, Ms Walsh came violently in contact with a table in the carriage. The judge said there was no doubt that the accident changed Ms Walsh's life completely. He also noted that her husband had taken early retirement as his wife was unable to do normal household tasks.
He said that while it was hard to know what the future would hold for Ms Walsh he was quite satisfied on the basis of medical evidence that she would make a substantial recovery if she co-operated with her medical advisers once the litigation was over.