O'Neill v. Kenny

The plaintiff in this case, who is now aged almost 49 years of age suffered a low-back injury when the car which she was driving was hit on the passenger side by a car being driven by the defendant. It happened at about 1.40pm in the carpark of the hospital at which she worked as a Ward Attendant.

She was in some shock in the immediate aftermath of this accident, and went to the Casualty Department of that hospital, where she was examined and was diagnosed as having suffered a sprain to her back and she was prescribed some painkillers and was advised to go home and rest up. She took two weeks off work, but as there was no improvement she consulted her General Practitioner, Dr Joan Kearney. As the painkillers she had been taking were making her feel a bit unwell, she was prescribed Difene.

Towards the end of November 1999 she commenced some physiotherapy sessions. After each session she noticed some short-term improvement, but nothing long-term.

As a result of the pain and discomfort she was experiencing she was unable to help her husband on the family farm, which she was in the habit of doing previously, and her housework chores were also difficult, particularly hoovering and other heavier type of housework, and gardening.

Dr Kearney referred her to Dr Kelly, a Rheumatologist, and conservative treatment was recommended, including some exercises. She also saw Mr Joseph Mangan, Consultant Orthopaedic Surgeon in early January 2000 and he recommended that she keep to an exercise programme, but opined at that time that her injuries, which were soft tissue injuries should gradually settle down with the passage of time.