Moore v Carroll

• Jurisdiction: Ireland
• Judge: Mr. Justice Twomey
• Judgment Date: 01 December 2017
• Neutral Citation: [2017] IEHC 731
• Docket Number: [2015 No. 98CA]
• Court: High Court
• Date: 01 December 2017

BETWEEN:

THOMAS MOORE

PLAINTIFF

-AND-

MARY CARROLL

DEFENDANT

[2017] IEHC 731

[2015 No. 98CA]

THE HIGH COURT

CIRCUIT APPEAL

Tort – Damages & Restitution – Personal Injuries – Quantum of special damages – Road traffic accident – Pre-existing conditions

Facts: The plaintiff filed a claim for damages against the defendant. The plaintiff contended that he sustained personal injuries on his back and left hip as a result of the road traffic accident. The plaintiff claimed that the defendant pulled out of a side road onto a main road on which the plaintiff was driving, which caused him to apply brake suddenly due to which the collision took place between the two vehicles. The defendant contended that the accident was not a serious one, as it resulted only scuff marks on the bumper of the plaintiff's vehicle.

Mr. Justice Twomey dismissed the plaintiff's claim. The Court awarded 100% of the costs in relation to the Circuit Court and High Court proceedings against the plaintiff. The Court also stated that considerable caution needed to be exercised by the Court in relying on the opinions from experts that were retained by one of the parties to litigation.

EX TEMPORE JUDGMENT of Mr. Justice Twomey delivered on the 1st day of December, 2017.

Summary

1 This is a case where a person who was involved in a car accident which led to the most minor of contact between the cars, is claiming damages of up to €60,000 (the limit of the Circuit Court jurisdiction) for personal injuries to his back and left hip, notwithstanding that he had a pre-existing history of serious left hip problems and also a number of previous claims for damage to his back which had been settled.

2 The case also considers the fact that despite the plaintiff's history of left hip problems and previous accident claims regarding his back, an expert medical opinion was given in this case to the effect that the car accident in this case was the likely cause of his left hip and back symptoms. In view of the Court of Appeal decision in Byrne v. Ardenheath [2017] IECA caution needs to be exercised by this Court in relying on experts that have been retained by one of the parties to litigation, particularly where the expert's opinion may be based on information provided by the plaintiff.

Factual background

3 The plaintiff, Mr. Thomas Moore, runs a mobile confectionary business and he resides at Dun a Rí, Tinryland in County Carlow. He is 43 years of age and is somewhat accident prone as this Court was advised of at least five accident claims that he has made, a combination of workplace accidents against his employers and car accidents against other motorists.

4 In the present matter, Mr. Moore is suing the defendant, Ms. Mary Carroll. Ms. Carroll is an elderly lady from Tullow, County Carlow. Mr. Moore is suing Ms Carroll for personal injuries which he alleges he suffered as a result of what he has described as a "traffic accident" which occurred on the 12th November, 2013, on Pollerton Road in County Carlow, but which one would be hard pressed to describe as such.

5 A more accurate description of this incident might be that his car came to a stop right next to, but touching Ms. Carroll's car. This is because, insofar as Mr. Moore's car came into contact with Ms. Carroll's car, the resulting damage at the contact point between the two cars amounted to no more than scuff marks on Mr. Moore's bumper.

6 Mr. Moore claims that Ms. Carroll pulled out of a side road onto a main road upon which Mr. Moore was driving and this caused him to brake suddenly and come into contact with Ms. Carroll's car.

7 Somewhat concerning in this case is that it was put to Mr. Moore that after this most minor contact between the two cars, Mr. Moore jumped out of his car and that he shouted at Ms. Carroll, ordering her not to move and that he was calling the gardaí. Mr. Moore did not deny this happened but claimed that he cannot remember if he did do this after the shock of the "accident".

8 Mr. Moore claims that he injured his back and left hip as a result of the sudden braking and in particular because of the fact that tables and crates in the back of his van came crashing into his driver seat, thereby injuring him. There is a division between the back of the van and the driver seat and so tables and crates would have...