Judge dismisses €60,000 crash injury claims taken by woman and adult children
Posted on 2nd December 2019 at 22:14
Relatives ordered to pay costs of actions over ‘low impact’ crash, estimated at up to €25,000 each
Four people who claimed they were injured in what was described as a low impact collision near Blanchardstown Shopping Centre in Dublin have each had €60,000 damages claim thrown out and costs awarded against them
Antoinette Mullen (67), her sons Daniel and Damian Fahy, and daughter Lindsay Fahy, all of Fortlawn Drive, Moat View, Clonsilla, face costs bills of up to €25,000 each over case taken following the November 2015 incident.
Barrister Tom Clarke, who appeared with solicitors Ennis and Associates, challenged the claims made by the four about the extent of the injuries sustained in the collision on a roundabout on behalf of taxi driver James Slattery.
The claimants told Judge John O’Connor that they decided to take a taxi home on the day in question having been window shopping. They all denied knowing anything about another car that was allegedly seen driving up and down the side of the rank until they got into the taxi.
They also denied having any knowledge of one of the four having made a phone call just before getting into the taxi which, the defendants suggested, led to a car following them and speeding up to run into the back of the taxi on the roundabout.
Mrs Mullen told the court it was possible that the driver of the car behind them accidentally hit the wrong pedals in his car and had sped into them. She told Judge O’Connor that such an accident happened to her years ago when she was learning to drive and she demolished the front porch of her home.
Dismissing all of the cases, Judge O’Connor said it was important to point out that no-one was on trial in the criminal court sense.
He said Mrs Mullen gave contradictory evidence in relation to her injuries and, while he accepted she had some memory loss, the court was satisfied she did not suffer any injury in the incident.
“The court forms no additional view on the issues raised on her historic credibility except to say that she has the presumption of innocence and has told the court, which accepts, she has no relevant criminal history or of having been involved in other accidents except an unrelated one in Dunnes Stores,” he said.
Judge O’Connor said that in relation to Damien Fahy, the court was satisfied that he was not truthful and had not suffered any injury. He said Daniel Fahy’s evidence was evasive and the court did not go any further than stating that he did not suffer any injury. In relation to Lindsay Fahy, the judge was satisfied that she did not suffer an injury. He said he accepted the evidence of Mr Slattery as being truthful.
“It is a matter for the plaintiffs to prove their case and the court accepts that despite the acknowledgement of the incident they have not done so and I dismiss the cases with costs,” Judge O’Connor said.
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