A woman has been awarded compensation for injuries she sustained while being struck by the wing-mirror of a van while jogging in her local area.Â
In January 2013, Donna Woods (47) and her friend were out on a job along the Ballynacarragy to Mullingar Road . While jobbing Donna was struck by the wing mirror of a passing van. Donna suffered a fractured wrist due to the impact, and also injuries to her right hand, elbow, shoulder and jaw.
Donna applied for an Injuries Board assessment of her claim for compensation for being hit by a wing mirror, but the driver of the van - Joseph Tyrell - refused to give his consent for an assessment. As a result, Donna was given an authorisation to pursue her claim in court.
Due to the potential value of the claim, the hearing was held at the High Court before Mr Justice Kevin Cross. At the hearing, Judge Cross was told that Donna - a teacher from Mullingar in County Westmeath - had previously been a "very active lady".
The judge also heard that on the day of the incident, Donna and her friend were jogging in the opposite direction to the traffic. A tractor and trailer had just passed them on the far side of the road, and they had seen Tyrell pull over onto the grass verge to give the tractor a wide berth.
The two women continued running, as they expected Tyrell would drive back onto the road once the tractor had passed. However, Tyrell continued to drive along the grass verge - catching Donna with the wing mirror of his van and causing her injuries.
Defending the claim for compensation for being hit by a wing mirror, Tyrell argued that Donna has been at least partly responsible for her injuries by her and her friend running along the road two abreast and had neglected to wear high visibility clothing.
TyrellÂ´s defence was dismissed by Judge Cross. The judge said that, had Tyrell rejoined the road once the tractor had passed, there would have been sufficient room for him to pass Donna safely. The judge also found that Donna had been wearing bright-coloured clothing on the morning of the accident.
The judge awarded Donna â¬134,000 compensation for being hit by a wing mirror, stating that Donna had suffered quite significant injuries that would prevent her from competing in physically demanding sports activities for a long time.