Full Breakdown
High Court Awards €170,000 to Woman Injured While Holding Parking Space
2/6/2026, 2:24:58 AM
Incident Overview
Josephine Higgins, a 68-year-old woman from County Cork, was awarded €170,564 by the High Court after sustaining injuries when a van struck her knee while she was holding a parking space for her husband’s vehicle. The incident occurred on February 13, 2020, on Main Street in Carrigtwohill. Higgins had sought a total of €1.75 million in damages, claiming significant loss of earnings due to her injuries.
Court Findings
The court found that Richard Coleman, the van driver, was at fault for the incident. Judge Micheál P O’Higgins stated that Coleman misjudged the situation and failed to maintain proper lookout, resulting in the collision. Although the judge described the collision as minor, he acknowledged that it caused significant personal injuries to Higgins, including ongoing physical pain and a psychiatric adjustment disorder characterized by anxiety and emotional distress.
Claim for Damages
Higgins's claim for lost earnings was deemed excessive and unsupported by evidence. The judge criticized the accountant's report used to substantiate her claim, noting it contained numerous flaws and lacked a solid basis for calculating losses. While Higgins initially sought €1.75 million, the court ultimately awarded €60,000 for four years of lost earnings, recognizing that her ability to manage her rental properties was impacted by her injuries.
Background of the Claim
Higgins and her husband manage a substantial property portfolio, and their motivation for this management was to secure funds for their two adult sons, who have significant care needs. In court, Higgins testified that she was standing in the roadway to hold the parking space when Coleman approached. She stated that Coleman told her to move, but she could not do so as she was waiting for her husband.
Divergent Accounts
Coleman, in his defense, claimed that he heard someone shout at him regarding the parking space and maintained that Higgins was standing on the footpath, not in the roadway. After the incident, he denied any wrongdoing and described Higgins's accusations as unfounded. The judge ultimately sided with Higgins's account, stating that the evidence supported her claim that the van struck her.
Implications of the Ruling
The case highlights the complexities involved in personal injury claims, particularly regarding the assessment of damages and the credibility of claims for lost earnings. The judge's remarks on the unrealistic nature of Higgins's initial claim serve as a cautionary note for future litigants regarding the importance of substantiating claims with credible evidence.
Verbatim Quotes
- “While the excessive claim for loss of earnings was deeply unimpressive and did not reflect at all well on [Higgins] or her husband, I am prepared to accept that their zeal and determination to provide a nest-egg for their children operated to cloud their judgment and contributed to them putting forward a wholly unrealistic claim,” — Judge Micheál P O’Higgins
- “The judge said that on the balance of probabilities, the van did strike Higgins.” — Judge Micheál P O’Higgins
This ruling underscores the necessity for clear evidence in personal injury cases and the potential consequences of inflated claims.
