A driver who unintentionally moved his vehicle just as a pregnant woman was stepping out from the rear seat confessed to a judge that he couldn’t recall at which point during their 45-minute trip he had forgotten about her presence. Dara O’Donnell from Milltree Rise, Ratoath, Co Meath, informed the Circuit Civil Court of a tense atmosphere and total lack of conversation in the vehicle after comments were made regarding disabled parking spots.
During a 2017 bus strike, O’Donnell and his wife, Amanda, had given Amy Hurst, from Jamestown Park, Ratoath, an acquaintance who works investigating insurance fraud cases, a lift to Dublin. As they reached the Rotunda Hospital on Parnell Street, his wife stepped out of the vehicle first. O’Donnell failed to remember Ms Hurst in the back and began to move the car before his wife screamed “stop” and he hit the brakes.
Ms Hurst asserted in her claim for €60,000 compensation that she hurt her back, groin and ankle during the incident as she was in the process of leaving the car when it abruptly moved, causing her to fall back onto the back seat. She professed she experienced post-traumatic stress stemming from concerns over her unborn child. At the time, she was 37 weeks pregnant but later gave birth to a healthy baby.
O’Donnell told Adrianne Fields, the barrister working with Delahunty O’Connor Solicitors on Hurst’s behalf, that he perceived Ms Hurst’s claim as vindictive and a cash grab, though he clarified in cross-examination that he didn’t believe her claim was fraudulent. His spouse, Amanda, confirmed to the court that their vehicle did lurch forward and she had to yell stop, but disagreed that Ms. Hurst had fallen back into the car or received any injuries.
The presiding judge, O’Sullivan, told Mr. O’Donnell’s counsel, Paul McMorrow, that although the case was heatedly debated, the court agreed the vehicle had indeed been moved. He, however, did not believe that Mr. O’Donnell had outright failed to remember Ms. Hurst in the rear seat.
Judge O’Sullivan, in his verdict, awarded Ms Hurst damages and costs totalling €20,000. He agreed that Mr O’Donnell’s wife had given a warning shout, to which Mr O’Donnell responded by swiftly ceasing the motion of his vehicle. He stressed that there wasn’t any evidence to suspect that Mr O’Donnell had intentionally driven his car in a manner that would cause inconvenience to Ms Hurst.
Judge O’Sullivan acknowledged the claims that Ms Hurst might have been overstating the severity of her injuries, and possibly exaggerating a trivial incident. The judge recognised that Ms Hurst’s back injury had persisted for approximately twelve months. He concluded that although there was no physical impact recorded between the door of Mr O’Donnell’s car and Ms Hurst’s abdomen, it cannot be ascertained that her abdomen was not compromised in some fashion.
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