Teacher awarded €134k over van strike

A teacher who was injured when a wing mirror on a van hit her as she was out jogging near her home has been awarded €134,000 by the High Court.

Mr Justice Kevin Cross said Donna Woods suffered quite significant injuries.

Ms Woods, aged 47, of Gaddrystown, Slane More, Mullingar, Co Westmeath, had sued Joseph Tyrell Jr of Sonna, Mullingar, as a result of the accident on January 22, 2013.

The judge said Ms Woods was jogging with a friend and was on the inside on the Ballynacarragy to Mullingar Road facing oncoming traffic when a tractor and trailer passed her on the far side of the road.

The judge said Ms Woods saw Mr Tyrell Jr’s van go onto the grass margin. She hoped it would go back on the road but it continued on the grass margin and she was struck by the van mirror.

Mr Tyrell Jr, the judge said, accepted some liability must attach to him but pleaded the accident was in the main caused by Ms Woods who, with a friend, was jogging two abreast on the road.

Mr Justice Cross said Ms Woods was criticised for not wearing a high-visibility jacket and while she was not, her clothing at the time was bright.

Ms Woods, the judge said, suffered injuries to her right hand, wrist, right elbow, shoulder, and to her jaw.

Her wrist had to be put in a cast as she had a flake fracture.

Prior to the accident, the judge said Ms Woods was a very active lady who had taken part in triathlons and numerous other demanding physical sports.

Making the award, Mr Justice Cross said that he assessed Ms Woods as being someone who had suffered a significant injury with ongoing problems which has had an effect on her life and was likely to persist.