€121,000 for injuries to elbow

A 59-year-old woman who injured her elbow when another car reversed in to her car has been awarded €121,000 by the High Court.

Anna Fogarty of Templemore, Co Tipperary, sued the other driver Michael Cox of Rosemount, Thurles, Co Tipperary, as a result of the accident on the campus of Limerick Institute of Technology, Thurles, on November 25, 2011.

Ms Fogarty had been studying for a business studies degree at the time.

She alleged that as a result of the accident she suffered tennis elbow and also had injuries to her shoulder.

Liability for the accident was conceded but Mr Cox’s side contended the injury to the elbow was caused by the 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 in the accident when Mr Cox reversed his car into the right-hand side of Ms Fogarty’s car. He further accepted that Ms Fogarty’s elbow was sticking out as she was sounding the horn and it banged off the car door when the impact occurred. The judge said he accepted her evidence that she did not have any problems with her arm prior to the accident.