O'Sullivan v Dunphy (Unapproved)

��The situation regarding damage to the Volkswagen Golf was however different.� It suffered quite extensive frontal damage estimated to cost �4,128.82 to repair and this rendered the vehicle an economic write-off.� As was pointed out in the evidence of the various experts, while the front plastic and metal parts of the Golf, designed to crumple in an accident, were extensively damaged, the centre section of the front bumper reinforcement bar, made of what was described as �Wolfsburg steel�, was damaged by being indented and pushed back in the centre.�

The defendant gave evidence that she was 37 weeks pregnant at the date of the accident.� She said she sits quite close to the steering wheel normally but had possibly allowed a little more room because of the pregnancy bump.� She said that she did not make contact with the steering wheel as a result of the impact nor did the airbags in her car inflate.� She described the impact as �mild�.

��Two experts were called on behalf of the defence on the liability issue.� Mr. John Barnwell was described as a motor engineer employed by Aviva Insurance, the defendant�s insurer.� He had prepared the estimate of damage in respect of the plaintiff�s car.� He described the impact to the Mercedes as �light� with no distortion of the rear bumper reinforcement.� It required no replacement parts.� He described the damage to the Golf as being �moderate impact damage�.

��The defendant�s second expert was Mr. Seamus Walsh, a forensic collision investigator.� He is a former Garda Sergeant who had been in the force for 35 years, mostly spent as a PSV Inspector.� He had a City and Guilds level certificate in Forensic Collision Investigation and investigated many accidents.� He had studied the involuntary movement of persons in road traffic accidents as part of routine collision investigation.� Contrary to Mr. Culleton�s view, Mr. Walsh was of opinion that the impact had the effect of increasing the speed of the Mercedes by a nominal 4.3 km/h.

��He said this would have such little effect on the occupants of the Mercedes as to be barely noticeable.� He described the impact as �relatively light�.� Such an impact would, in his opinion, give rise to a level of movement of persons in the car only marginally greater than they would experience in normal driving.� In cross-examination, Mr. Walsh accepted counsel�s suggestion that the impact was not minimal and he conceded that it was a little more than that.