In relation to the August 16, 2019, incident on Beaumont Road in Dublin, pharmaceutical process operator Alan Massey (48), of Clonshaugh Heights, Clonshaugh, Dublin, filed a lawsuit against the driver of the vehicle through her insurance provider, AXA.

In the matter that was brought before Mr. Justice Micheál O'Higgins for damages assessment, liability was acknowledged.

The court heard that Mr. Massey was out of work for five months due to soft tissue injuries to his knee, ankle, and shoulder in addition to other injuries to his chest and wrist. The judge found that €96,920 was the appropriate compensation.

Under the advice of Niall McCarthy of Gaffney Halligan lawyers, his attorney, David McGrath SC, rejected a plea for a stay of the award pending an appeal.

If a stay was to occur, according to Mr. McGrath, it should be contingent upon a sizeable payment, which he recommended be €83,170. The fact that his client is employed meant there was no problem with the money being spent between now and the appeal.

The defendant's attorney, Elaine Morgan SC, stated that her client planned to file an appeal based on the injury's impact on Mr. Massey and proportionality.

If there is an appeal, she reasoned, the reimbursement should be €30,000. She said that the plaintiff had received an offer to settle the matter before it was heard, but the award had defeated that offer. She did add, though, things may alter based on how the appeal turns up.

Mr. Justice O'Higgins stated that, in exchange for a payment of €50,000, he would be willing to issue a stay of the award as well as the expenses given to Mr. Massey.

The judge had already acknowledged that Mr. Massey, a friendly and reliable witness, had become gravely disabled in the five months after the event.

He claimed that one of his duties was to feed bulky pill drums into sizable machinery.

He is able to concentrate on the administrative side of things and avoid hard lifting tasks with the help of coworkers. However, he stated that if his work situation changed, this situation may also.

His right shoulder issue also interferes with his sleep, and he occasionally wakes up in discomfort from sleeping on that side, he added.

He acknowledged that Mr. Massey used to often visit the gym before the incident, but that is no longer the case. Additionally, he used to be an avid biker who frequently rode huge distances as a hobby. Although he has resumed riding, it is now much less frequently.

The judge thought that there was a major loss of amenity that affected his well-being and quality of life.