Castlebar car crash claim dismissed by judge

A CLAIM for damages by a Castlebar man who said he suffered injuries to his neck and shoulder after the car he was travelling was rear-ended was dismissed last week.
James McDonagh (30) of 11 The Grove, Castlebar was a front seat passenger in a car which was rear-ended by a car driven by Catherine Conway at Knockthomas, Castlebar at approximately 1.20pm on April 9, 2012.
Mr McDonagh claimed damages against Catherine and Gerry Conway of Rosmore, Castlebar, after he claimed he suffered constant pain to his neck and shoulders for over a year after the accident.
While Mr and Mrs Conway admitted they rear-ended the car, they claimed it was caused when they were distracted by Mr McDonagh trying to get out of the car while it was moving. Mrs Conway said she was distracted by the sight and did not hit the brakes in time. Mr McDonagh denied this accusation and claimed he had his seat belt on at the time.
The accident occurred at the crest of the hill at Knockthomas, Castlebar when Mr McDonagh was being driven to his home by his mother. The court heard that at the time Mr McDonagh had an alcohol problem and admitted being intoxicated at the time.
In his evidence, Mr McDonagh said his mother spotted a dog cross the road and had to brake when she was rear-ended. The gardaí were called and Mr McDonagh was arrested because he was intoxicated but no charges were made. He admitted he got upset and his behaviour on the day was wrong.

X-rays
The court heard Mr McDonagh was held in the garda station and went to Mayo University Hospital where he had an x-ray and later had physiotherapy and acupuncture. He said he was taking medication for over a year but was ‘very good now’ and was no longer in pain.
When questioned by Mr John Hogan, counsel for Mr and Mrs Cleary, Mr McDonagh said he had been drinking in the morning but denied he was arguing with his mother before the accident.
When asked if his mother would be giving evidence to verify his story, Mr McDonagh said she wouldn’t as she ‘had other things to be doing’.
It also emerged that Mr McDonagh was involved in an incident two weeks after the accident when he was struck by a pitch fork in the neck. Medical records showed he went to hospital for the incident but he said he could not remember. In his ruling, Judge Rory McCabe said he accepted the evidence of the defendants saying that what likely happened was that Mr McDonagh’s ‘long suffering mother’ jumped on the brakes after he tried to get out of a moving vehicle.
He commented that the truth would only be known to her but she was ‘too busy to come to court’. The claim was dismissed and Judge McCabe said the defendants were entitled to their costs.