A young man injured when the car he was travelling in crashed after being rammed by another car has been awarded €46,000 damages by the High Court today.
Mr Justice Vivion Lavan said Marcus Spratt, the driver of the car which had rammed the car in which Victor Neely sustained his inujuries, was solely responsible for the "outrageous conduct" involved.
Mr Neely of Trentagh, Letterkenny, Co Donegal was hospitalised for nine days after suffering a collapsed lung and fractured ribs after the car in which he was a front-seat passenger overturned several times after being repeatedly rammed by a car, driven by Adrian Rankin.
Mr Neely has sued both Mr Rankin (23) of Clooncarney, Trentagh, Letterkenny and Marcus Spratt(24) of GortnaCorrib, Letterkenny as a result of the crash in the early hours of April 8th, 2002.
Mr Justice Vivian Lavan today found Mr Spratt was guiolty of negligence but that Mr Rankin's actions were reactiverather than causative and was therefore not negligent.
The judge also ruled that the Motor Insurers Bureau of Ireland should be liable if Mr Spratt does not pay.
Mr Neely was aged 18 years at the time of the incident on the main Glenties Road about three miles outside Letterkenny. He had claimed that he has discomfort in his right chest wall and now has frequent headaches and has a sore neck and shoulder.
Opening the case, Mr Fergus O'Hagan SC, for Mr Neely, said Mr Spratt drove into the back of Mr Rankin's car nine or ten times. Mr Rankin was driving at between 70-80 miles per hour, counsel said.
Mr Neely sustained injuries when a pole came through the passenger window and struck him after the car had overturned three or four times three miles outside Letterkenny town.
In his evidence, Mr Neely said he had met Mr Rankin outside a nightclub and they drove into Letterkenny to get something to eat. He 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, he said.
"I was very frightened. He kept nudging us from behind, about ten 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 told the court.
However, he said, Mr Rankin would not stop and said he was afraid of Mr Spratt. "Our car rolled. I was thrown out of the car," Mr Neely added.
Det Garda Adrian Ahearne said the crash occurred on the main Glenties Road and 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 the District Court on a dangeorus driving charge in relation to the incident.
Det Garda Ahearne agreed Mr Rankin was genuinely in fear of Mr Spratt.