Court rules man struck by car driven by former son-in-law entitled to €35,000

The incident occurred following an argument outside the plaintiff's home at Renmore in Galway on June 16, 2013.

As a result of his injuries Gerard Mongan sued in the Circuit Court both Martin Mongan and the Motor Insurers Bureau of Ireland (MIBI) seeking damages.

The MIBI had claimed it had no liability because the uninsured driver had deliberately used the car as a weapon, and the injuries had not been sustained as a result of negligent driving by Martin Mongan.

Opposing the appeal Gerard Mongan denied there was any evidence that Martin Mongan had used his car as a weapon.

Even if the court found that it had been driven in such a manner, his lawyers argued, it was still a breach by Martin Mongan of his duty of care that it constituted negligent use of the vehicle.

Ruling on the matter Mr Justice Denis McDonald, who was critical of the manner in which evidence given by Gerard Mongan and his wife about the incident, dismissed the appeal.

He said that the car was driven deliberately and negligently at Gerard Mongan.

However when the court considered legislation governing the MIBI and European law on such matters, the plaintiff is entitled to damages from the MIBI, the judge found.

Martin Mongan was asked to leave

Mr Justice McDonald said the incident occurred when Martin Mongan, alleged to have been intoxicated at the time and who had previously been married to Gerard's daughter Amanda, arrived at the plaintiff’s home.

Martin Mongan was acting aggressively and demanded to see his and Amanda's son. His request was refused and he was asked to leave, the Judge said.

Martin Mongan got into his car, and initially appeared to drive away. He returned, drove his car off the road,driving onto the pavement and straight at where Gerard Mongan was standing.

Gerard Mongan after pushing his wife Winifred out of harm's way, was struck by the vehicle. Martin then drove off, but returned a second time.

He was deflected from driving at Gerard a second time when Mrs Mongan threw a rock at Martin's car.

'Rehearsed answers'

In their evidence to the court both Gerard and his wife said Martin was not using the vehicle to intentionally hit them.

The judge said this contrasted to other evidence, including statements given to the Garda after the incident, where Gerard said that the car was driven at him and his wife.

Evidence was given that in statements to doctors the plaintiff described what had occurred as being "a direct attempt at his life"

The judge said Amanda gave clear and unqualified evidence that Martin "drove the car straight at my father".

In all the circumstances the court was satisfied Gerard and Winifred's evidence was wholly unconvincing. Some of the answers given to the court by Gerard Mongan, the judge said were "rehearsed".

Gerard Mongan the judge said, "came across as very wary of saying anything that might undermine his case on liability".