Judge cuts damages award in half for crash victim after calling him ‘grossly overweight’. A judge told a “grossly overweight” accident victim that he had not exercised or made any effort to rehabilitate himself. Judge James O’Donohoe awarded the claimant just over €22,000 damages after hearing he had to have shoulder surgery following what was described as a minor impact collision. The Court heard that the claimant was involved in a rear-end crash while stopped at traffic lights. The court was told he suffered whiplash injuries to his right shoulder and neck after a car driven by the defendant collided with the back of his car. The claimant said he had surgery following the accident because of a tear in his right shoulder. He said this was necessary partly because of to the accident and partly because of a pre-existing degenerative condition. Judge O’Donohoe said that, as the crash had been only partly responsible for the injuries, he would award him €44,835 general damages and reduce it by half. He said the plaintiff was grossly overweight, had not exercised and had not made any effort to rehabilitate himself.