A woman who was injured when a wing mirror on a van hit her as she was out jogging near her home has been awarded €134,000 damages by the High Court.
Mr Justice Kevin Cross said Donna Woods suffered quite significant injuries.
Ms Woods (47), a teacher of Gaddrystown, Slanemore, Mullingar, Co Westmeath, sued Joseph Tyrell Jnr of Sonna, Mullingar, as a result of the incident on January 22nd 2013.
The judge said Ms Woods was jogging with a friend on the Ballynacarragy to Mullingar Road when a tractor and trailer driven in the same direction passed her.
Ms Woods saw Mr Tyrell Jnr’s van go on the grass margin and hoped it would go back on the road but it continued on the grass margin and she was struck by the van mirror, he said.
Mr Tyrell Jnr had accepted some liability must attach to him but also pleaded the accident was in the main caused by Ms Woods who, with a friend, was jogging two abreast on the road, the judge said.
Mr Justice Cross said Ms Woods was also criticised for not having a high visibility jacket.
While she did not have any such vest, her clothing at the time was bright, he said.
He found she suffered injuries to her right hand, wrist, right elbow, shoulder and jaw. Her wrist had to be put in a cast as she had a flake fracture, he noted.
Prior to the accident, Ms Woods was a very active lady who engaged in triathlons and numerous other demanding physical sports, he added.
He assessed damages on the basis Ms Woods suffered a significant injury with ongoing problems which has had an effect on her life likely to persist.
