High Court Dismisses Injury Claim Due to Lack of GP Witnesses

A personal injury claim stemming from a 2016 road traffic accident has been dismissed by the High Court. The case, Daly v Ryans Investments Limited T/A Hertz [2024] IEHC 703, centred on the decision not to present witnesses who were the plaintiff’s treating general practitioners, including the GP whose report was submitted to the Personal Injuries Resolution Board (PIAB).

Background

The defendant admitted responsibility for the incident where his vehicle struck the passenger side of the plaintiff’s car at a roundabout. The plaintiff alleged that her right shoulder was injured in the collision and reported pain to her GP shortly after the accident. She required surgery in 2022 due to persistent symptoms.

The defence argued that the shoulder injury was unrelated to the accident. The plaintiff’s medical records did not mention any right shoulder issues until ten months later. Moreover, neither the 2017 referral for an MRI nor the subsequent radiological report mentioned the accident.

Treatment

The plaintiff testified that two days post-accident, her GP advised taking pain relief for her right shoulder. By July 2016, she had an MRI for her left shoulder, unrelated to the accident, and was referred to physiotherapy for her right shoulder. Her GP administered cortisone injections twice in 2017. An MRI revealed a partial tear of the supraspinatus tendon. In 2018, she was referred to a Consultant Orthopaedic Surgeon, who gave four injections to the right shoulder. An arthroscopic subacromial decompression was performed in 2022.

Court Findings

The court observed that the plaintiff frequently visited her GP for various injuries, including those from a previous workplace accident. It was noted that the GP practice maintained detailed records, and any mention of the right shoulder symptoms being linked to the accident would have been documented.

Additionally, the absence of any accident-related notes in the MRI referral and the MRI report’s statement of “no history of trauma” suggested that by February 2017, neither the plaintiff nor her GP considered the right shoulder symptoms as accident-related. This supported the defence’s argument, leading to the claim’s dismissal.