Six-Figure Compensation Awarded After Van Collision in Cork Parking Bay
A woman has been awarded a substantial six-figure compensation payout following an incident where a van driver struck her knee while she was standing in a parking bay. The case, which concluded this week, saw the judge award €170,564 to Josephine Higgins, significantly less than the €1.75 million she had sought for alleged loss of earnings.
The Incident on Main Street
The accident occurred on February 13, 2020, on Main Street in Carrigtwohill, County Cork. Ms Higgins, aged 68, was standing on the roadway holding a parking space for her husband when the collision took place. According to her evidence, van driver Richard Coleman told her to move so he could park, but she explained she was waiting for her husband.
Ms Higgins reported that the van hit her left knee, causing her leg to buckle slightly, though she was not knocked to the ground. Her husband witnessed the incident and accused Mr Coleman of assault. In contrast, Mr Coleman stated he heard someone shout that he couldn't park there as it was their spot, and when he exited his vehicle, Ms Higgins accused him of assault with his van, which he denied.
Judge's Findings on Liability and Injuries
Mr Justice Micheál P. O'Higgins found that, on the balance of probabilities, the van did strike Ms Higgins. He concluded that Mr Coleman "misjudged the situation, failed to keep a proper look-out and inadvertently struck [Ms Higgins] who was standing on the roadway close to the footpath."
While describing the collision as minor in nature, the judge acknowledged it resulted in significant personal injuries for Ms Higgins. The most serious injury identified was a psychiatric adjustment disorder, characterised by depressed moods, anxiety, anger, and withdrawal. Additionally, Ms Higgins continues to suffer from ongoing physical pain related to the incident.
Contested Loss of Earnings Claim
The most contentious aspect of the case centred on Ms Higgins's claim for €1.75 million in lost earnings. She argued that her injuries prevented her from managing her extensive property portfolio with her husband, impacting their ability to increase income through new property purchases, maintain rental receipts, and avoid third-party management costs.
The judge described this claim as "wholly unreasonable, excessive and unrealistic," noting that the accountant's report supporting it contained numerous admitted flaws with "shaky and unexplained" calculations. He stated he could attach "virtually no weight" to this evidence.
Final Compensation Award
Despite rejecting the bulk of the loss of earnings claim, the judge accepted that Ms Higgins's ability to manage rental properties as a "one-woman band" had been impacted by her injuries. He awarded €60,000 for four years of lost earnings since the accident, contributing to the total award of €170,564.
In his judgment, Justice O'Higgins remarked that while the excessive claim "did not reflect at all well on [Ms Higgins] or her husband," he believed their determination to provide for their two adult sons with significant care needs "operated to cloud their judgment" in presenting an unrealistic claim.
The case highlights the complexities of personal injury claims where substantial loss of earnings are contested, with courts carefully scrutinising evidence before determining appropriate compensation levels.
