Wednesday, November 20, 2013

Nun loses claim for damages over alleged rear-ending of car

Sister Helen Ugbome leaving court yafter she lost her Civil Court action for damages.A judge has rejected a damages claim by a nun for injuries she allegedly suffered in a car crash eight years ago.

Judge Jacqueline Linnane said she preferred the evidence of the other driver who told the Circuit Civil Court there had been “no bang, no crash, no impact and no accident”.

Sr Helen Ugbome, of the Nigeria-based Holy Family Sisters of the Needy, told the court she was a nurse in Connolly Hospital, Blanchardstown, Dublin, and had been driving home from night duty when the incident happened.

She said a car driven by Edel Macklin, Willow Park Avenue, Glasnevin, Dublin, had hit her car from behind when she was stopped at traffic lights near Hart’s Corner, Glasnevin, on January 28th, 2005.

Sr Ugbome, of Grange Court, Stamullen Road, Gormanston, Co Meath, told defence counsel William O’Brien Ms Macklin had been dressed in her pyjamas when the incident happened about 11am.

She claimed she had suffered injuries to her neck and right shoulder and lower back.

Ms Macklin, who had since moved to live in Dundalk, Co Louth, told the court she had been stopped at lights when Sr Ugbome had got out of the car in front of her and approached her with pen and paper. 

She had said her car had been struck and they had exchanged addresses and insurance details. 

She said there had been no contact with Sr Ugbome’s car and she had given her details just so she could move on.

Conflict of evidence

Judge Linnane said that while there was a direct conflict of evidence between both women she preferred the evidence of Ms Macklin, who denied there had been any contact between the cars. 

Dismissing Sr Ugbome’s claim with costs against her, the judge said she had heard evidence of Sr Ugbome having obtained a garage estimate for repairs to the back of her car arising from a previous rear-end crash she had been involved in a month earlier.

No comments: