A woman has been awarded almost 178,000 Euros in compensation for being hit by a van crossing the road in the High Court.
Amy McKernan (36) from North Ewington, Oxfordshire, was crossing the road at the junction of Wicklow Street and Clarendon Street on May 7th 2002, when she was struck by a van being driven by Yuk Fong from Dublin. The force of the crash knocked her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.
In her action against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy claimed that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.
Yuk Fong and Yau Tsali Li denied the allegations, and counter-claimed that Amy had contributed to her own injuries by failing to keep a proper lookout. However, as Amy was about to step onto the public footpath when the accident happened, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.