District Judge Duncan dismissed the Plaintiff’s Personal Injury Action at Derry Courthouse at hearing on the 11th February. The fifty one year old Plaintiff had claimed to have suffered a lower back injury sustained in a minor Road Traffic Collision on the 27th February 2015. The Judge heard from the Plaintiff that she was a rear seated passenger in the Defendant’s taxi car which had been reversed into a bollard. The Plaintiff described a big bang and how she had felt a big thud on her back. The Defendant admitted that there had been a collision between his car and the bollard, but that the impact was of a scraping or glancing nature. The Defendant’s Solicitors had the Plaintiff examined by Professor Mollan. The Court was told that Dr Mollan had concluded that he would not have expected any injury to have been sustained. Mr Simpson, Consultant Orthopaedic Surgeon had reported on behalf of the Plaintiff. The Court was told that Mr Simpson would not accept Mr Mollan’s conclusion that the Plaintiff sustained no injury.
Michael McLaughlin, Consulting Engineer gave evidence on behalf of the Defendant on the basis of the examination of the bollard and the Defendants vehicle. He found no damage on the bollard which he could match to the vehicle. He accepted that the bollard was tilting slightly. His evidence was that there was no evidence of a collision of force between the bollard and the car. He accepted that his inspection was some time after the accident.
The Judge Dismissed the Plaintiff’s case. He did not accept that on balance the Plaintiff had discharged her duty. The Plaintiff was legally aided. The Judge made an Order of Costs against the Plaintiff on the usual basis.
Eamon Todd BL appeared on behalf of the Defendant.