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Hotel worker settles crash claim for €50k

/ 5th December 2022 /
BP Reporter

A hotel worker who suffered a head injury when the golf buggy she was driving was hit by a car has settled her claim against her employer for €50,000.

High Court Judge Anthony Barr said that Jean Wilson, 65, had been working for the Virginia Park Lodge in Virginia, Co. Cavan, when the accident happened.

He said that on July 10, 2017, she had been asked by her supervisor to use the golf buggy to bring a number of people from the hotel to the church on the other side of the road, where they were to attend a wedding.

Ms Wilson and another employee of the hotel duly took the wedding party to the church in two golf buggies.

"Having deposited the guests at the church, both the plaintiff and her fellow employee proceeded out of the grounds of the church and across the road in their respective golf buggies," the judge said.

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While the other employee made it across the road safely, Ms Wilson was struck by a car as she drove out of the church car park onto the road.

Her counsel, Jonathan Kilfeather, told the court that, as a result of the impact, Ms Wilson had suffered a head injury, with a loss of consciousness, together with soft tissue injuries to her neck and back.

He said his client was not able to recall the exact circumstances of the accident.

However, "there was evidence from an independent witness, who was at the scene, that the plaintiff simply drove out of the church car park without looking to see if there was traffic proceeding along the road", the judge said.

"The independent witness would apparently state that the car driver was given no chance to avoid the impact."

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Judge Barr said that it was appropriate to make a determination of liability on a 50/50 basis between Ms Wilson and the hotel.

In view of those circumstances, the driver of the car was not pursued for damages over the accident, but Ms Wilson sued her employer for alleged negligence.

She claimed she had not been trained to drive the golf buggy, and while she accepted that she had driven it before, she said she had never done so outside the grounds of the hotel.

She claimed that the golf buggy in which she was asked to transport the wedding party was not insured, nor was it permitted to be used on the public road, and that it had only rear brakes, unlike a car which has both front and rear brakes.

It was conceded by Ms Wilson's counsel that, in light of the evidence from the independent witness, it was reasonable to assume that if the case were to go to a full hearing, a judge would probably find that Ms Wilson was at least 50% responsible for the accident.

Judge Barr said that it was appropriate to make a determination of liability on a 50/50 basis between Ms Wilson and the hotel.

The judge noted that her injuries had been evaluated by counsel as being "in the region of €80,000", together with the accumulation of expenses of some €20,000.

The settlement figure had therefore been agreed at €50,000 plus Circuit Court costs, Judge Barr said.

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