Donna Woods (47) was jogging on a road in Mullingar with a friend when she was hit by the wing mirror of a passing van and suffered injuries to her hand, wrist, elbow, shoulder and jaw.
The van, travelling on the same side as Donna, had veered into the grass verge to give a tractor and trailer, travelling in the opposite direction but had remained in the verge once the tractor had passed, thus hitting Donna with its wing mirror.
The van driver, Joseph Tyrell, claimed that Donna was not wearing any high-visibility clothing and was running along a busy road. Mr. Justice Kevin Cross dismissed Mr. Tyrell’s defence as Donna had been wearing bright clothing and asserted that there would have been plenty of room for Mr. Tyrell to pass if he had moved back into his traffic lane.
Donna was awarded €134,000 and Judge Cross commented, whilst making the award, that Donna’s injuries were quite significant which would persist and affect her future athletic activities.
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