In November of 2013 saw two plaintiffs succumb to injuries in a car accident. They were both travelling in the same car from Dublin to Newry for a pre-Christmas shopping expedition. The accident occurred whilst travelling down the M1 in the speed region of 80 and 90 kilometres an hour. While travelling at this speed saw the sunroof fly off of the car with such ferocity it gave the passengers all a fright. With panic circling inside the car, the driver was left with no choice but to brake harshly. In the hasty deceleration resulted in two plaintiffs and three family members also travelling in the car suffer severe car-whiplash injuries. The worse injuries were suffered by the driver’s 72-year-old mother. She had suffered a compression fracture to one of the vertebrae in her lower back.
The injured members of the vehicle filed for car accident injuries claims from where the car had been purchased from four months prior to the incident. It was alleged in the claims that the sunroof fault was not and should have been identified by the dealer. The dealer who sold the plaintiffs the car was Dennis Mahony Limited of Killabarrack Road in Dublin.
Dennis Mahony denied Legal responsibility for the accident is the fault of the dealership in not servicing their cars at a high standard. Unfortunately for Dennis Mahony at The Circuit Civil Court in Dublin Mr Justice Raymond Groarke was told that the deterioration found in the structure of the sunroof would have been in attendance on the Toyota car at the showroom whilst it was being sold. The statement of a self-governing motor evaluator found that the deterioration in the structure of the sunroof led to it being blown off with such ferocity whilst the car was travelling between 80-90kmh.
Judge Groarke came to the conclusion that braking so suddenly and harshly was understood to be an appropriate action taken by the two plaintiffs as the fear of having a sunroof torn off the car whilst travelling at the speed of 90kmh would have been terrifying. The end result of the case saw the driver of the car awarded with the sum of €12,500 compensation and her mother the sum of €25,000.
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