Keenan vs Russell

This case concerned a personal injury claim by the plaintiff, Keenan, against the first defendant, Russell, and the second defendant, an insurance company, arising from a road traffic collision on 11 August 2014.

TLDR:

• Keenan sought damages for personal injuries from a road traffic accident.
• Both Keenan and Russell were found to have contributed to the accident.
• The court ruled in favor of Keenan but reduced his damages by 50% for contributory negligence.
• The total damages awarded were £137,500.

The plaintiff, Colm Keenan, was 17 years old at the time of the accident and was driving his Renault Clio with three passengers. As he traveled over a humpback bridge, he was met by a Vauxhall Corsa driven by the first defendant, Samuel Russell, on his side of the road. Keenan took evasive action and collided with a Hyundai Santa Fe driven by Julie Magowan on the other side of the road.

Both Keenan and Russell were prosecuted. Keenan pleaded guilty to causing grievous bodily injury by careless driving, while Russell pleaded guilty to careless driving and using a motor vehicle without valid insurance. The second defendant, an insurance company, declined to indemnify Russell due to undisclosed modifications to his car and was joined to the proceedings as an insurer concerned.

The evidence presented included witness testimony from Keenan, who stated that he had to maneuver to avoid a head-on collision with Russell's car. Under cross-examination, Keenan admitted that he had not driven over the humpback bridge in that direction before and accepted that particular care was required. Witnesses Orla Kelly and Julie Magowan provided accounts of the vehicles' movements and the accident's aftermath.

Expert evidence was provided by Dr. David Marrs and Dr. Elwood, who inspected the accident scene and analyzed the vehicles' speeds and positions. The court also considered hearsay evidence under the Civil Evidence (Northern Ireland) Order 1997, including statements from witnesses Darryl Cardwell and Gareth McQuitty.

The court found that both Keenan and Russell were at fault. Keenan was driving too fast for the road conditions and lost control of his vehicle, while Russell's dangerous overtaking maneuver caused Keenan to swerve and collide with the Santa Fe. The court ruled that Keenan's damages should be reduced by 50% due to contributory negligence.

Keenan suffered multiple injuries, including fractures, facial injuries, and a prolonged adjustment disorder. The court assessed general damages at £225,000 and special loss damages at £50,000 for handicap in the labor market, resulting in a total award of £275,000. After the 50% reduction for contributory negligence, Keenan was awarded £137,500.

The court awarded interest on the damages at 2% from the date of issue of the writ to the date of judgment and ordered the defendants to pay Keenan's costs.

Legal representatives: Colm Keenan KC and Jonathan Collins (instructed by Donnelly & Wall Solicitors) for the Plaintiff, David Dunlop KC and Michael Maxwell (instructed by Keoghs Solicitors) for the Second Defendant.

Judicial Panel: Humphreys J

Case Citation Reference: [2023] NIQB 123