A judge told a 68-year-old “grossly overweight” accident victim on Tuesday that he had not exercised and had not made any effort to rehabilitate himself.
Judge James O'Donohoe awarded Michael Noyek, of Pace Crescent, Little Pace Paddocks, Clonee, Dublin, just over €44,000 damages after hearing he had to have shoulder surgery after what had been described as a minor impact collision.
Barrister Conor Kearney, for Mr Noyek, told the Circuit Civil Court his client had been involved in a rear-end collision while stopped at a set of traffic lights on Main Street, Blanchardstown on January 24th, 2012.
Mr Kearney said Mr Noyek had suffered whiplash injuries to his right shoulder and neck, after a car driven by Linda Cullen of Mountainview Cottages, Porterstown, Dublin, collided with the back of his car.
Mr Noyek told Judge O’Donohoe he had surgery following the accident due to a tear in his right shoulder that restricted his range of movement.
He said the surgery had been necessary 50 per cent due to the accident and 50 per cent due to a pre-existing degenerative condition.
Mr Kearney, who appeared with Murphy Brady Solicitors, said that despite the surgery Mr Noyek still suffered with pain in his shoulder and neck.
Judge O’ Donohoe said he had heard conflicting accounts of what had happened with Ms Cullen telling him Mr Noyek’s car had rolled back and impacted with her vehicle.
Ms Cullen had told the court that after she stopped at the traffic lights she pulled her handbrake and had looked over at her sister to continue a conversation. She said this had been when Mr Noyek had rolled back and collided with her vehicle.
Judge O’ Donohoe said that taking everything into consideration he believed Mr Noyek’s version of events. He said Ms Cullen had been a novice driver at the time and Mr Noyek had 32 years’ professional experience as a driving instructor.
He said due to the fact the crash had been only 50 per cent responsible for Mr Noyek’s injuries, he would award him €44,835 general damages and reduce it by half. Mr Noyek’s injury had been nasty and he had difficulty believing a minor impact accident could have been the full cause of his injuries.
He said Mr Noyek had been grossly overweight, had not exercised and had not made any effort to rehabilitate himself. With the 50 per cent reduction, Mr Noyek will receive €22,418 and costs.