A well-known Irish traditional musician, Deirdre O'Brien Vaughan, who was injured in a car accident four years ago, has been awarded more than €278,000 damages in the High Court against the insurers of a French tourist.
Mr Justice De Valera had heard that Ms O'Brien Vaughan, Beechlawn House, Newmarket on Fergus, Co Clare, suffered injuries to her lower back, neck, arms and chest and developed post-traumatic stress syndrome following the crash in August 1999.
RTÉ's Ciarán MacMathúna had given evidence to the court as to her prowess as a music teacher and fame as a harpist and singer and player of the fiddle, concertina and flute.
Mr Justice De Valera, in a reserved judgment yesterday, said liability had been conceded on behalf of French holidaymaker Josephine Little, whose car had been on the wrong side of the road at the time of the crash.
He said Ms O'Brien Vaughan, a former member of the Bunratty Players, had suffered serious personal injuries which she had claimed continued to cause her pain and suffering. She was a musician and teacher who was held in considerable regard and esteem by her peers in the traditional music field.
"I accept completely that the plaintiff was a prominent exponent and teacher of traditional music and that her injuries have interfered to a considerable extent with her musical endeavours both in teaching and performing," Mr Justice De Valera said.
He said the court had been asked to consider future loss to Ms O'Brien Vaughan in relation to her plans to set up an Irish traditional music institute but he considered this to constitute more of a lost ambition rather than an actual financial loss.
Mr Justice De Valera told Ms Siobhán Gallagher, counsel for Ms O'Brien Vaughan, that her injuries, although severe, could not be categorised as catastrophic but they had prevented her performing and enjoying her music since the accident up to the present and would continue to do so.
He said Ms O'Brien Vaughan had suffered from a combination of physical and psychological problems which he accepted would gradually improve.
"I have considerable difficulty in accepting fully the psychiatric evidence called on behalf of the plaintiff which I consider to be at least overstated," he said.
He accepted that much of her psychiatric difficulties were tied to her physical condition and that, when this improved, so would her mental state.
Mr Justice De Valera awarded Ms O'Brien Vaughan €100,000 for suffering to date and €80,000 damages for suffering into the future.
He added a figure of €9,095 agreed special damages and €41,444 for loss of earnings to date with another €40,000 damages for loss of earnings in the future.
He assessed future medical costs at €7,750, bringing total damages to €278,289. Following the judgment, Mr Bernard Cunnane, solicitor for Ms O'Brien Vaughan, said she had not felt well enough to attend court but that her daughter, Caolean, and her husband, Mr Brendan O'Brien, had attended.