Court awards €121,000 to woman who injured elbow in crash

A woman who injured her elbow when another motorist reversed in to her car has been awarded €121,000 damages by the High Court.

Anna Fogarty (59), Templemore, Co Tipperary, had sued the other driver - Michael Cox, Rosemount, Thurles, Co Tipperary - as a result of the accident whch occurred on the campus of Limerick Institute of Technology, Thurles, on November 25th, 2011.

Ms Fogarty was pursuing a business studies degree at the time of the incident.

She alleged she suffered tennis elbow and injuries to her shoulder.

Liability was conceded but Mr Cox’s side argued the injury to the elbow was caused by repeated steroid injections administered to Ms Fogarty by her treating doctor.

Mr Justice Anthony Barr said he was satisfied Ms Fogarty suffered an injury to her elbow and shoulder when Mr Cox reversed his car into the right hand side of Ms Fogarty's car.

He accepted Ms Fogarty’s elbow was sticking out as she was sounding the horn and it had banged off the car door when the impact occurred.

The judge accepted evidence of Ms Fogarty she did not have any problems with her right arm prior to the crash.

The inujries sustained by Ms Fogarty caused her a significant degree of pain and suffering and her ability to carry out activities of daily living were significantly restricted, the judge held.

She suffered from a lack of grip strength in her right hand and found even routine tasks, such as turning a tap or lid of a bottle, or combing her hair, problematic.