Judge throws out driver’s latest injury claim

A MOTORIST has had his latest personal injury claim dismissed after a judge agreed that he deliberately stopped or slowed his car in front of a driver on a dual carriageway.

Jason Quinn, 42, claimed that he was struck from behind by driver Francis McEvoy, at a section of the Outer Ring Road in Waterford on January 12, 2015.

He claimed he suffered a neck injury as a result of the crash.

The court heard the claim arising from this is just one of a number of personal injury claims the plaintiff has made down the years.

In 2012, Mr Quinn of 15 Mason Drive in Ferrybank, Waterford City, was the claimant in a road accident for which he was awarded €14,000. In the same year, he was awarded €8,000 for a welding accident that happened at a Fás training centre which ‘blinded him’, he said.

And yesterday’s dismissed case is not his first involving an accident on a dual carriageway.

Mr Quinn also failed in a claim against a truck driver over a collision with his car when the truck was backing out of a junction during the building of the Waterford City Bypass Bridge in September 2007.

This was preceded by two motorcycle accidents in the 1990s, over which he brought legal actions.

Waterford Circuit Civil Court Judge Terence O’Sullivan found with the defendant and ordered costs against Mr Quinn. He said that Mr Quinn had not revealed his claims history to the Personal Injuries Assessment Board (PIAB) and failed to ‘tick the box’ indicating this.

The judge said Mr Quinn ‘has to accept that the information he gave the injury board was incorrect and he must suffer the consequences’.

Mr McEvoy, in evidence at the court yesterday, explained how he was driving home at 30kph in the right lane on the carriageway between the Butlerstown Kilmeaden roundabouts when he heard Mr Quinn come up from the left. Mr McEvoy said: ‘He cut across me; he lined his car up with me. He started to slow down – he hit his brakes. I hit my brakes [and] I hit his car. I was shaking; I said, “What the f ****** hell are you doing?” He leaned on the barrier, he didn’t talk to me. He didn’t do anything. I’m driving 45 years and in all that time, I’ve never even caused an accident.’

In his evidence, Garda Simon Powderly, who arrived at the scene, said he suggested to Mr Quinn that he seek medical attention. He added that numerous attempts to contact him following the crash had been unsuccessful.

Dismissing the claim and awarding the defendant his costs, Judge O’Sullivan said he was satisfied Mr Quinn did cause the accident and that Mr McEvoy could not have prevented it.

‘He lined up his car with me’