A part-time window cleaner has been awarded €10,000 after he was struck by a vintage tractor being driven by an elderly farmer.

Eamonn McGee, 50, took a legal claim against the Motor Bureau of Ireland after his van was struck by a vintage tractor in Co Donegal.

Robert Jenkins, a farmer in his 70s, was driving his 1977 Massey Ferguson tractor in Co Donegal on September 23rd, 2016.

Mr McGee claimed he was coming around a bend on the Raphoe to Manorcunningham Road at 30/35 mph and tried to steer onto a grass verge but Mr Jenkins kept going straight and struck his transit van.

He told his barrister Ms Fiona Crawford that he did not initially suffer any real pain but, as time passed, he has suffered stiffness in his neck and in his lower back.

He said he finds it hard to sleep at night and to sit up straight while he also attends a chiropractor.

Mr McGee told Letterkenny Circuit Civil Court that when the vehicles collided, Mr Jenkins admitted he did not have insurance for the tractor and said he would pay him €300 if he did not call the Gardai.

Barrister for Mr Jenkins, of Mondooey, Manorcunningham, Mr Ivan Toner, said the situation was that his client’s tractor was a vintage machine and could only travel at 20mph.

He added that the cause of the crash was as a result of Mr Magee, of Ard Toghaire, Townparks, Convoy, driving too fast and that he could not slow down on a narrow country road measuring just 11ft wide.

Mr Toner asked Mr Magee if it was a fact that he had previously taken a number of claims as a result of three previous road traffic accidents as well as a work-related accident and he agreed.

Mr McGee agreed that he has taken a number of successful claims and outlined the situation which included being hit from behind and being hit by a drunk driver.

He received settlements for all four claims, the court was told.

Dash-cam footage from Mr McGee’s vehicle was shown to Judge Sean O Donnabhain which showed the accident.

Having viewed the footage, Judge O Donnabhain said he found that both men were responsible for the crash.

He awarded Mr McGee €20,000 but said he was fifty per cent responsible for the crash and reduced the award to €10,000 and ordered costs to Mr Magee.




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