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Plaintiff’s negligent driving was the cause of road traffic accident

By: Colm Scott Byrne BL

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High Court dismisses plaintiff's claim for personal injuries following a road traffic accident, on the ground that the sole responsibility for the cause of the accident rests with the plaintiff for what was, in all the circumstances of the case, negligent driving on his part.

Personal injuries - liability - action brought by the plaintiff against the defendant for damages for personal injuries and loss arising as a result of a road traffic accident - the plaintiff sustained serious back injuries as a result of the collision including a fracture of the first lumbar vertebra with retropulsion into the spinal canal which necessitated surgery that included pedicle screw fixation implanted to provide stabilisation of the fracture - liability was in issue between the parties - both parties claimed to be on the correct side of the road - whether the defendant was responsible for the road traffic accident - Court finds that the plaintiff was driving negligently - proceedings dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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