A woman has been awarded almost €178,000 after she was hit by a van while crossing a street in Dublin. Amy McKernan (36) from North Ewington, Oxfordshire was struck by a van, driven by Yuk Fong from Dublin at the junction of Wicklow Street and Clarendon Street on May 7th 2002. She suffered facial and back injuries in the accident and made the compensation claim on the basis that the van had been driven at excessive speed.
Yuk Fong and Yau Tsali Li – the owner of the van – disputed the claim as they believed Ms.McKernan had been negligent with her own welfare by failing to keep a proper lookout for vehicles. Mr. Justice John Quirke at the High Court ruled in favour of the claimant as she was able to demonstrate negligence by the van driver.
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.