Ireland Restaurant owner Sallyanne Clarke settles €60k damages claim over road traffic accident

10:10  07 february  2018
10:10  07 february  2018 Source:   independent.ie

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Sallyanne Clarke © Provided by Irish Independent Sallyanne Clarke Sallyanne Parker Clarke, restaurant owner and wife of top chef Derry Clarke, has settled, for an undisclosed sum, a €60,000 damages claim arising out of a road traffic accident near her home just over two years ago.

Clarke, of Forest Hill, Meegans Lane, Saggart, Co Dublin, sipped coffee near the public restaurant Tuesday while her legal team, led by barrister Conor Kearney, negotiated the settlement with counsel for the defence, Ms Adrianne Fields.

Following the out-of-court talks Circuit Court President Mr Justice Raymond Groarke was told the case had been compromised and could be struck out. The figure of settlement was not revealed to the court.

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Clarke (55) had sued Ryszard Stepien, of College House, College Lands, Rathcoole, Co Dublin, the driver of a Seat Ibiza that collided “at speed” into her Toyota Landcruiser on a shared laneway on October 2, 2015.

Ms Clarke, whose vehicle was hit from the front, alleged in her claim for damages of up to €60,000 that her head had been jerked backwards causing post-accident pain in her right upper back, neck and the back of her head.

She stated that while she does have a generalised history of arthritic pain her symptoms were greatly aggravated by the accident.  She had been diagnosed as having suffered a soft tissue whiplash.  On attending her GP it had been noted she had right trapezius and spinal spasm.

Clarke stated in her Civil Bill that she had been referred for physiotherapy and had about 30 sessions for which she claimed just over €5,000 in special damages with receipts.

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She alleged that four months after the accident she continued to have pain in the right side of her neck and lower back.  She had headaches and right arm weakness and reported little improvement despite regular physiotherapy. She had been referred Dr Oleg Ilyinski, consultant pain specialist in the Beacon Hospital, and underwent numerous injections and procedures to help with pain management.

Ms Clarke was also represented by Griffin Solicitors, Cypress Park, Templeogue, Dublin, and the defendant’s barrister, Ms Fields, was instructed by Claire Delahunty of Delahunty O’Connor, Solicitors, Crumlin, Dublin. A full defence had been entered to Clarke’s claim.

While Clarke did not have to attend court or give evidence, she was within the precincts of the court in case settlement negotiations broke down.

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