URGENT UPDATE: A woman has been awarded £150,000 after a van struck her knee while she was reserving a parking space for her husband’s car. The incident occurred on February 13, 2020, on Main Street in Carrigtwohill, Co Cork.
Josephine Higgins, who sought €1.7 million in damages, claimed that the injuries from the collision led to significant loss of earnings. High Court Justice Micheál P. O’Higgins ruled that while the van driver, Richard Coleman, was likely at fault, Higgins’ claim was “wholly unreasonable” and excessive.
During the court proceedings, Higgins explained that she was standing in the roadway to save a parking spot for her husband, John Higgins. She testified that Coleman demanded she move, but she couldn’t as she was waiting for her husband. The van subsequently collided with her left knee, causing her leg to buckle but not knocking her down.
Coleman admitted that he heard someone shout at him as he maneuvered into the parking spot. He described the moment as a misunderstanding, claiming he did not know who was shouting. After the incident, John Higgins accused Coleman of assaulting his wife with the vehicle.
Justice O’Higgins found that while the collision was minor, it resulted in significant injuries for Josephine Higgins, including a psychiatric adjustment disorder characterized by depression, anxiety, and emotional distress. The judge noted that her ongoing physical pain was also a factor in the ruling.
The court also scrutinized Higgins’ claim for lost earnings, which the judge labeled as the “most problematic aspect” of her case. He stated that the accountant’s report supporting her claim contained numerous flaws, leading to a lack of substantial evidence. However, he did acknowledge that her injuries impacted her ability to manage her rental properties, justifying some compensation for lost earnings.
Ultimately, the judge determined that while the claim for €1.75 million in lost earnings was excessive, Ms. Higgins would receive a total award of €170,564 to cover her claims. Justice O’Higgins emphasized that although the excessive claim reflected poorly on the couple, it stemmed from their desire to secure funds for their children’s future care needs.
This ruling raises important questions regarding personal injury claims and the balance between seeking justice and presenting reasonable compensation requests.
The court’s decision is expected to have implications for similar cases involving pedestrian accidents, particularly those where emotional and psychological impacts are considered.
As the legal landscape evolves, the Higgins case serves as a reminder of the complexities involved in personal injury claims and the necessity of accurate documentation to support compensation requests.
