Doctor gets damages for horse collision

A DOCTOR has been awarded €668,352 damages at the High Court over spinal and other injuries suffered as a result of a horse colliding…

A DOCTOR has been awarded €668,352 damages at the High Court over spinal and other injuries suffered as a result of a horse colliding with his car after it strayed onto a road.

Dr Tomás Breslin (46), Ballyrea, Wells, Ballyedmond, Co Wexford, had sued Richard Johnston of Ballinastraw House, Monamolin, Gorey, Co Wexford, over the incident in January 2007.

Liability was conceded and the case was before the court for assessment of damages only.

In a reserved judgment yesterday, Mr Justice Éamon de Valera said the doctor had made a remarkable recovery but would continue to suffer mentally and physically.

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While working on a full-time basis, Dr Breslin would have to reduce his work schedule to a part-time basis in about five to 10 years from now or retire early as a result of his injuries, the judge said. Taking that and other factors into account, the judge assessed damages at €668,352.

The case arose from a collision on January 15th, 2007, which occurred as Dr Breslin was driving his car along the road at Ballyedmond when a horse strayed on to the roadway having escaped from a nearby field owned by the defendant.

It was claimed the horse collided with the car and landed on its roof. It was claimed the impact had crushed the roof of the car, trapping the doctor’s head between the roof and a side pillar of the vehicle. The court was told Dr Breslin was trapped in that position for about two hours, and in severe pain, while the emergency services cut him out of the car.

A procedure involving fusion of the cervical vertebrae was later carried out, while a plate was inserted into his neck in May 2007. He had also developed post-traumatic stress disorder, it was claimed. Prior to the collison, Dr Breslin was extremely fit and sporting, the court was told. Sport had played a major part in his life and he greatly missed it because of the collision.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times