ENDORSEMENT OF CLAIM
1. The Plaintiff’s claim is for the reliefs recited herein for personal injuries suffered by the Plaintiff.
2. The first Defendant resides at . The second Defendant resides at .
WRONG ALLEGED AGAINST THE DEFENDANTS
3. At all material times the first Defendant was the driver of a motor vehicle, the property of the second Defendant, in which the Plaintiff was traveling as a passenger and which collided with a third party vehicle causing severe personal injury loss and damage to the Plaintiff.
PARTICULARS OF CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG
4. On or about the 1st December 2009 the Plaintiff was lawfully a passenger in a motor vehicle driven by the first Defendant on the public highway at Dame St. in the City of Dublin, when owing to the negligence and breach of duty including breach of statutory duty of the Defendants their servants or agents or either of them in and about the driving, management, care, control and upkeep of a motor vehicle then being driven by the first Defendant and being the property of the second Defendant, same was caused or permitted to collide with a third party vehicle in consequence whereof the Plaintiff suffered severe personal injury and suffered loss damage and expense.
5. The Defendants their servants or agents or either of them were guilty of negligence and in breach of statutory duty in that they or either of them:
a) Drove too fast;
b) Drove without due care and attention;
c) Failed to keep a proper or adequate lookout;
d) Collided with the said third party vehicle;
e) Failed to have any or any adequate regard for the prevailing road conditions;
f) Failed to stop slow down swerve or in any other way so to manage the said vehicle so as to avoid the said collision;
g) Failed to have any regard to the presence and location of the third party vehicle on the highway and to yield the right of way to the said vehicle;
h) Failed to comply with the provisions of the Road Traffic (Traffic and Parking) Regulations of 1997 and Section 67 of the Roads Act of 1993.
PARTICULARS OF PERSONAL INJURY
6. The Plaintiff suffered severe injuries to his head, face, neck and legs as a result of the accident. He was taken by ambulance to the Mater Hospital and then transferred to Beaumont Hospital. He underwent nailing of his right femur and the screw was subsequently removed in December 2010. The Plaintiff remained in hospital in Beaumont for approximately 14 days. He was then transferred back to the Mater Hospital where he underwent further treatment, including physiotherapy.
The Plaintiff continues to suffer from ongoing pain in his right leg that restricts his lifestyle and employment prospects. The screws were removed from his leg and he has continued to suffer from ongoing muscle pain on the right side. The Plaintiff obtained employment as a storeman during the course of 2010 but it was necessary for him to give this up as a result of pain in his right thigh that was made worse by prolonged standing. It is the opinion of the Plaintiff’s experts that he sustained a concussive head injury of moderate severity. This injury is associated with psychological symptoms that have improved but have not recovered completely. As a result the Plaintiff continues to experience ongoing post-traumatic headache and neck pain.
The Plaintiff has a visible scar across his cheekbone and a scar on his chin. The Plaintiff also suffered dental damage as a result of the accident. It is expected that the Plaintiff’s cognitive impairment is likely to be permanent with no further improvement. It is the opinion of the Plaintiff’s expert that the Plaintiff’s capacity for future employment is more limited than it would have been if the injury had not been sustained. It is likely that the right femoral injury will limit his ability to obtain employment that requires walking long distances or prolonged standing. His cognitive impairment will make it more difficult for him to learn and remember the tasks of a new job. In the circumstances the Plaintiff will probably suffer loss of earnings into the future and will require vocational review.
Apart from the physical injuries the Plaintiff’s psychological symptoms included mood disturbances, suspected post-traumatic stress disorder and cognitive impairment. The Plaintiff continues to suffer from nightmares and flashbacks as a result of the accident. The Plaintiff had suffered an episode of depression in his early twenties but had no difficulties immediately before the accident. A final prognosis must be guarded. The injuries were severe and debilitating. They interfered with the Plaintiff’s enjoyment of life and all routine and other activities, particularly his playing of football, which he was accustomed to doing every Saturday before the accident. The onset of further sequelae cannot be ruled out.
7. AND the Plaintiff therefore claims damages together with the costs of these proceedings and interest pursuant to the Courts Act 1981.
8. The proceedings herein have been authorised by the Personal Injuries Assessment Board, pursuant to Section 17 of the Personal Injuries Assessment Board Act 2003 by Authorisation No. XXXXXXXXXXXXXXXXX dated 1st September 2010.
PARTICULARS OF SPECIAL DAMAGE
Loss of earnings (continuing)
Medical expenses (continuing)
Chemists’ bills (continuing)
Solicitors for the Plaintiff
12 City Gate
Lwr. Bridge St.
This Summons was issued by the Plaintiff Joe Soap whose personal details are as follows:
1. The address at which the Plaintiff ordinarily resides is 10 Leafy Lane, Ballyfermot, Dublin 10
2. The Plaintiff’s occupation: Storeman
3. Plaintiff;s date or birth: 1/4/1979
4. Plaintiff’s PPI No. XXXXX
5. Plaintiff’s address for service is: McGarr Solicitors
Solicitors for the Plaintiff
12 City Gate
Lwr. Bridge St.