Man drives head-on into car ex was in

A young man who claimed that he was still in a relationship with a young woman crashed head-on into a car in which she was a front-seat passenger and now that car’s driver has been awarded €12,000 compensation.

Gary McCarthy brought the case against Alan Healy of 23 The Funchion, Rivervalley, Mallow, Cork. McCarthy’s address was given as Campbell Parade, Bondi Beach, Australia, as he was living there when proceedings were initiated.

Judge David Riordan said at Cork Circuit Court: “The issue in the case is whether the evidence given by the plaintiff and his witness is such that — leaving aside emotive issues — Alan Healy drove his vehicle into the plaintiff’s vehicle thereby causing injuries.”

The judge referred to the defendant’s claim that he had simply thrown a wheel brace at the plaintiff’s car, damaging the side of it. However, the judge said that on an examination of the damage done by the wheel brace to the side of the car, it was clear that there had to have been significant force used, much greater than would have resulted from merely tossing it at the car.

He said the defendant presented the case “as if he and the plaintiff were like two bulls in a field facing each other but that is not what happened. Mr Healy drove into Mr McCarthy’s car”. The judge assessed damages at €12,000 for minor lower back pain and whiplash type injury.

Mr McCarthy said he and his girlfriend, Vicky Murphy, were returning home at around midnight from a drive-in movie at Carrigtwohill on March 8, 2012.

They were confronted with the defendant driving towards them from the opposite direction on a narrow road at Grenagh.

Mr McCarthy said there was a head-on collision in which he was jolted forward and that the defendant kept driving at him forcing his car backwards.

He said Mr Healy jumped out of his car and came at him with an object in his hand. He said Mr Healy banged the car with the object and that he (Mr McCarthy) drove away and made a complaint to gardaí.

Defence barrister, Meg Burke, questioned the plaintiff on evidence that he was unable to do heavy work while living in Australia. She presented Facebook pictures of Mr McCarthy on an elephant and on another occasion on a bike. He said they were more recent pictures.

Ms Murphy testified that her relationship with Alan Healy had ended a few weeks before this night and she disputed his evidence that they were still going out together on the night.

She said she was not injured in the crash. Alan Healy testified that on the night he was still going out with Vicky Murphy and that he heard that she was with someone else.

He said he waited in his car on the road for an hour or an hour and a half and claimed that it was Mr McCarthy who drove into him at low speed and not the other way around.

He also said that he did a stupid thing by throwing the wheel brace at the side of the car. He denied slapping the car with the wheel brace as described by the plaintiff.