A young man who was injured when the car in which he was travelling as a front seat passenger was overturned during an alleged "ramming contest" has taken a High Court action for damages.
Victor Neely of Trentagh, Letterkenny, Co Donegal, was hospitalised for nine days after suffering a collapsed lung and fractured ribs when the car overturned several times after the ramming incident.
Mr Neely was aged 18 years at the time of the accident which occurred in the early hours of April 8th, 2002. He has sued the driver of the car in which he was travelling - Adrian Rankin (23), of Clooncarney, Trentagh, Letterkenny, and the driver of the other car Marcus Spratt (24), of GortnaCorrib, Letterkenny.
As a result of the accident, Mr Neely claims he has discomfort in his right chest wall, frequent headaches and a sore neck and shoulder. The case is proceeding before Mr Justice Vivion Lavan to determine which party is liable for damages.
Opening the case, Mr Fergus O'Hagan SC, for Mr Neely, said there was a "ramming contest" during which Mr Spratt drove into the back of Mr Rankin's car nine or 10 times. The court's task was to decide "which of these people behaved the worst".
Mr Rankin was driving at between 70 to 80 mph at the time of the incident, counsel said. Mr Neely was severely injured when a pole came through the passenger window and struck him after the car had overturned three or four times.
In his evidence, Mr Neely said he had met Mr Rankin outside a nightclub on April 8th and they went to where Mr Rankin had left his car. They drove into Letterkenny to get something to eat. Mr Neely said Mr Spratt followed them in his car and came very close with his headlights on. At a roundabout, Mr Spratt hit their car in the side, the witness said.
"I was very frightened. He kept nudging us from behind - about 10 times. I told Adrian Rankin to pull in. I wanted out of the car. I was not sure if I was going to die. I was trapped," Mr Neely said.
He said Mr Rankin would not stop and had said he was afraid of Mr Spratt. "Our car rolled," Mr Neely said. "I was thrown out of the car. He drove up the side of us."
In his evidence, Det Garda Adrian Ahearne said the accident occurred on the main Glenties Road. Mr Rankin's car was extensively damaged. Gardaí later found Mr Spratt's car hidden in a shed on his land about five miles from his home. Mr Spratt later appeared in court on a dangerous driving charge in relation to the incident. He said he would agree that Mr Rankin was genuinely in fear of Mr Spratt.
The case continues today.