Builder awarded €6,000 after drill fell on neck when car struck van

A Co Tipperary builder placed a heavy hammer drill unsafely on a shelf directly over his head as he sat down in the back of his trades van to have coffee and sandwiches, a judge said on Wednesday.

Judge Cormac Quinn, in assessing Declan Murphy’s €60,000 damages claim against Dublin woman Injmar Kiang, said her car had grazed Murphy’s van just hard enough in a low impact parking incident to dislodge the drill which had struck his cervical spine.

The judge told barrister Conor Roberts, counsel for Kiang and AIG insurance, that he would not dismiss Mr Murphy’s claim despite his having brought out in cross-examination that Murphy had failed to disclose an earlier neck injury to doctors and the court.

Mr Roberts, who appeared with Miriam Hickey of TJ Hegarty Solicitors, told Murphy he had placed the drill precariously while in the car park of Dunlaoghaire Institute of Art and Design and Technology in November 2016.

Murphy (52) of Traverston, Dolla, Nenagh, told his counsel Philip Moloney he heard a bang and immediately felt pain in the back of his neck as the 2.8kg Bosch drill fell on him after Kiang’s car had struck his van.

He told Mr Moloney, who appeared with solicitor John Battles, that when he got out of the car Ms Kiang had told him she was sorry. He was in shock but denied having become aggressive with her.

Ms Kiang said she was visiting an open day at the DunLaoghaire college with her family and felt a jolt which had generated nothing more than a “whoops” from the occupants of her car.

“I think I have glanced off your car,” she had told Mr Murphy who had not complained whatsoever of injury or say he had been hit on the neck by a drill.

Cross-examined by Mr Moloney she accepted there had been an impact and that she had caused it but added that the damage had been so minor as to be unnoticeable.

“I absolutely accept there was damage to both cars,” she said.

Judge Quinn said Mr Murphy had placed the drill on the shelf in such a fashion as to be unsafe and the impact had been sufficient as to cause it to fall. The defendant was liable but he found Mr Murphy 20 per cent guilty of contributory negligence in not having placed the drill securely enough on the shelf of his van.

“There was an impact and I will assess damages at €7,500 with a 20 per cent reduction for contributory negligence and award Mr Murphy €6,000,” Judge Quinn said. He made an order against Ms Kiang for costs on the District Court scale.