Woman awarded €29,000 over injuries suffered after car rear-ended

A 53-year-old civil servant, who suffered neck and back injuries when her husband’s car was rear ended by another, has been awarded €29,000 in the Circuit Civil Court.

Judge Orla Crowe said Emer McInerney had come across as an honest witness and had not in any way exaggerated the injuries she had suffered in the Easter Sunday 2018 collision.

The judge told barrister Ray Motherway, counsel for McInerney, that following neck and back injuries sustained in what had been a severe impact, Ms McInerney had tried to make the best of her situation.

“As well as having taken medication she had engaged in yoga, Pilates, massage and a course of physiotherapy to help her get back to work and deal with her pain,” Judge Crowe said.

“The plaintiff had also suffered psychological trauma and had participated in six sessions of counselling.”

Ms McInerney told the court she had been a front seat passenger in her husband’s car when it was rear ended near Clarehall, Malahide, Dublin, by a car driven by Cedric Cheng whose address was stated as care of Allianz Insurance, Merrion Road, Dublin.

She had suffered an injury to her lower back but this had cleared up reasonably quickly. She continued to have problems with an injury to her neck and right shoulder and had suffered ongoing headaches. She had been off work for a year and had worked from home for some time.

McInerney, a civil servant working in the area of information technology, lives at Glen Ellan Green, Swords, Co Dublin. She told Mr Motherway, who appeared with Rogers Solicitors, Dublin, that before returning to work she had undergone an ergonomic assessment of her working conditions and now used an orthopaedic chair.

Judge Crowe said Ms McInerney’s claim fell within the moderate range in relation to the Book of Quantum and awarded her €29,115 to include special expenses of just over €1,600.