Jogger struck by van mirror receives €134k in damages

A SCHOOL teacher who was clipped by a van’s mirror while out jogging has been awarded €134,000 in damages.

Donna Woods, 46, had been jogging with a friend on the Mullingar to Ballynacarrigy road around 11.30am on January 22, 2013, when she claims she saw a van coming towards her fast.

She attempted to avoid it by jumping onto the grass verge to her right, but the van also mounted the verge.

She said she was struck by the van’s mirror on the left side of her jaw, chest and arm, knocking her back out into the road, where she landed heavily on her arm.

The court was told the van driver, Joseph Tyrell Jr, appeared to have been trying to avoid a tractor and trailer which had been travelling in the opposite direction.

Refuting Mr Tyrell Jr’s claim that Ms Woods was also at fault in the accident by jogging on a highway on a foggy morning, the judge said there was plenty of room for both vehicles and a jogger to pass.

He added: ‘Unfortunately the defendant’s action in driving his vehicle onto the grass is indicative of either that he was not keeping a sufficient look-out until the last minute, or that he was driving at an excessive speed.’

He said Ms Woods, from Slane More, Mullingar, Co. Westmeath, should not bear any blame for the accident, adding that she ‘has suffered a significant injury with ongoing problems’.

Judge Cross awarded general damages for pain and suffering to date of €80,000, future damages of €40,000, and agreed medical expenses of €14,000, making a total of €134,000 in compensation.