At the Highe COurt in Dublin an elite-level triathlete and businessman has been awarded over €60,000 in road accident compensation due to the injuries he suffered in an car accident during 2013 which severely hampered his sporting activity.
The judge was informed that Trevor Murphy has suffered the injuries when his stationary vehicle was struck, while sitting in a line of traffic, from close to Tallaght Stadium. The accident in question occurred on October 6, 2013.
Mr Murphy was seeking personal injury compensation from Helen Palmer, the driver of the other vehicle. The compensation claim stated that Ms Palmer had been driving in a negligent manner.
Mr Murphy informed the judge that his interest in triathlons and mountain bike racing were “my life”.
Mr Murphy, the judge was informed, sustained soft tissue injuries to his mid/lower back which cleared up about six months subsequent to the accident. However he still experiences regular pain and headaches from injuries to his neck and upper back.
In addition to curtailing his sporting activity, Mr Murphy said the injuries also impacted negatively on his business career prospects and relationship with his family.
In assessing the incident, injuries and arguments made in the case Justice Bernard Barton said that the defence had presented “a full frontal assault” on the veracity of Mr Murphy’s claims in relation to his injuries even though it had withdrawn a plea made at the beginning of the case which argued that the force of the car crash was minimal and incapable of causing injury.
The judge remarked how the photographic evidence provided clearly showed that there had been significant impact damage caused to the vehicles involved in the incident. He added that the defence did not provide its own medical expert in relation to records on Mr Murphy’s pre- and post-accident performance times in triathlons to allow a fair assessment of the impact of his injuries to be completed.
The respondents sought to have Mr Murphy’s claim struck out, claiming that he had intentionally given false and misleading evidence as his injuries were not as serious or profound as he had alleged. Lawyers for the defendant said Mr Murphy had not informed the court that he had finished a half Ironman in August 2015 and the Dublin City Marathon in 2015 and 2016 which he had completed in just over four hours.
However, lawyers for Mr Murphy said he had candidly addressed all sporting events in which he had participated when asked in relation to them. Mr Murphy told the court that, while he returned to competitive running, said he experience issues when he tried to resume swimming and cycling. He added that, despite completing the a half-Ironman event, he said had to be pulled from the water at the end of the swim and got sick at the end of the run.
The judge assessed Mr Murphy’s injuries at the higher end of the moderate to severe range of damages and awarded him €50,000 in general damages for pain and suffering plus special damages of €10,613 for physical therapy treatment.