Taxi driver awarded €82,000 following accident which left him unable to play golf
A man who is unable to play golf and suffered post-traumatic stress disorder after a car accident has been awarded a total of €82,000 by the High Court.
Taxi driver Patrick Murphy, Mr Justice Bernard Barton said was unable to return to golf after the crash four years ago because of his inability to swing the golf club.
The judge said he accepted the medical evidence on behalf of Mr Murphy that as a result of the accident where a van turned right and collided with his taxi his arthritis was rendered symptomatic and he now has a severe and painful condition in his elbows.
Patrick Murphy (62), Cranfield Place, Sandymount, Dublin had sued Malone Engineering Services Ltd, Ballycoolin, Dublin who were the owners of the van which crashed into Mr Murphy and the driver, a company employee Francis Cleary.
He had claimed that on March 29, 2014 he was driving his taxi on the James Larkin Road, Dublin 5 travelling past the junction with the Howth Road when without warning he said the van made a right-hand turn and collided with the front of his car.
The collision it was claimed was significant and the impact caused Mr Murphy who was wearing a seat belt to be thrown against the constraints of the seatbelt. It was further claimed the van had attempted to execute a manoeuvre that was unsafe and there was a failure to give way to the car in which Mr Murphy was travelling.
Liability was admitted in the case and it was before the court for assessment of damages only.
Mr Murphy claimed he suffered shock, fright and distress and had pain in the neck, lower back and both arms. He also experienced flashbacks and nightmares afterwards.
Mr Justice Bernard Barton said Mr Murphy was a truthful witness and it was a measure of the man that when he had to get a taxi home after the accident, as both vehicles were written off, he gave a lift to the driver of the van.
The judge also accepted the medical evidence put forward on Mr Murphy's behalf.
The judge said Mr Murphy wanted to get back to work but he found he could not work nights after the accident. The fact that he could not return to golf, the judge said was a particular disappointment to Mr Murphy. Neither could he return to his DIY hobby.
The judge said he was satisfied that Mr Murphy had established his case and the judge accepted the medical evidence that as a result of the accident Mr Murphy's arthritis had been rendered symptomatic.
It was, Mr justice Barton said to Mr Murphy' credit, he had dealt with the psychiatric consequences of the accident without the benefit of medication.
Mr Justice Barton accepted the evidence that Mr Murphy suffered post-traumatic stress disorder from which he has now largely recovered.
