THE HIGH Court has awarded €79,000 damages to a woman who claimed she was injured by an unidentified hit-and-run driver while playing ball on a Dublin beach.
Siofra O’Loughlin (24), an accounts assistant from The Rath, Rolestown, Swords, Dublin, had sued the Motor Insurance Bureau of Ireland over arm injuries arising out of the incident at Dollymount beach on the evening of July 17th, 2006.
The bureau, which deals with claims arising out of uninsured and unidentified drivers, denied her claims and alleged that, shortly after the incident, she told gardaí she had fallen out of a car and did not want the matter investigated.
Yesterday, Mr Justice Iarfhlaith O’Neill said he was satisfied the incident had occurred in the manner described by Ms O’Loughlin and she had reported the incident to the Garda within a reasonable time.
The judge said Ms O’Loughlin had suffered “very serious injuries” to her arm and forearm. He also found, when talking to a garda shortly after the incident while awaiting an ambulance, she was in a state of shock and distress and her only interest at that time was to get medical attention.
In the circumstances, the judge ruled she was entitled to €79,000 damages, plus her legal costs.
In her evidence, Ms O’Loughlin said she went to the beach with friends and they were playing with a ball when she slipped and fell face forward. As she was about to get up, a car reversed towards her and one of its wheels went over her arm and also grazed her back.
Ms O’Loughlin said she had been helped up by a friend and was in a hysterical condition sitting in her own car when she saw the other car drive off before stopping a short distance away. She said the driver got out, looked back, got back into the car and drove away.
While waiting for an ambulance to arrive, she said she could remember a Garda car coming along but could not remember what she said to an officer who questioned her about the incident.
She suffered a fractured humerus, abrasions to her back and arm and later required an operation because the bone had not knitted properly. She continued to have pain in her arm depending on the weather and what she is doing, the court heard.
Ms O’Loughlin denied she told a garda she had fallen out of a car and did not want the matter investigated. She also denied she was in a car that was doing wheelies on the beach and knew exactly who the driver of the car was but did not want to say.
In his judgment, the judge found Ms O’Loughlin was an honest witness who had given a truthful account of what had happened to her.