MR UNLUCKY!
Accident-prone Gerry finally loses a compo case after receiving thousands in claims
A MAN who collected tens of thousands of euro in compo had his case thrown out yesterday.
Unlucky Gerry Mcdonagh has been involved in 10 traffic accidents and also launched actions after trips and falls.
Ennis Circuit Court heard he got €40,700 from four cases. Mr Mcdonagh said: “I don’t go around claiming off people for nothing.”
AN accident-prone man who has received tens of thousand of euro in payouts said he does not “claim off people for nothing”.
Gerry Mcdonagh has been involved in 10 traffic accidents – including six in the past eight years.
Ennis Circuit Court heard he has also lodged compensation claims for trips and falls.
Yesterday, his legal action for alleged injuries in a road accident in 2012 against a then 19-year-old female driver was thrown out.
But he said: “I don’t go around claiming off people for nothing. If you get hurted, you get hurted.”
The court also heard:
■ In four compensation claims, Mr Mcdonagh was awarded €40,700
■ He launched actions after falling down his stairs and off a ladder
■ Mr Mcdonagh received €11,000 from Limerick County Council after a trip and fall in 2007, and
■ He received €10,700 over a road traffic accident in 2008.
Judge Gerald Keys dismissed his latest claim after finding the threshold has not been reached that motorist Niamh Kitson had been negligent in causing the accident on August 12, 2012.
Ms Kitson’s lawyer Siobhan Gallagher told the court the crash in Ennis followed Mr Mcdonagh being involved in a road accident in July 2012 and a smash two months earlier.
She said the claimant had also been involved in crashes in October 2015, November 2016 and June 2017.
Ms Gallagher added Mr Mcdonagh has also been involved several falls.
He slipped six foot off a ladder in May 2013 and had another fall in August 2013.
Ms Gallagher said: “There was an incident with a gentleman on a waterslide who fell down on top of you and you sustained injuries.”
But Mr Mcdonagh replied: “I didn’t put in claims.”
His first accident was in a corporation house in Limerick and he received €14,000.
Mr Mcdonagh said 35 years ago, he was knocked off his motorbike but he did not receive money. He added: “My mother did. I never got anything.” In 2001, Mr Mcdonagh, from Fanningstown, Co Limerick, received €5,000 after a crash and €10,700 over an accident in 2008. When pressed by Ms Gallagher if there were any other accidents between 2008 and 2012, Mr Mcdonagh said: “It’s like being in school with a teacher giving out to me.”
The lawyer said medical notes showed he was involved in a 2010 crash but he did not disclose he was in an accident as a passenger in May 2012.
The court heard he complained of “lower back pain, flashbacks, headaches and chest tightness”.
Ms Gallagher said this accident was relevant to the case as Mr Mcdonagh is complaining of back pain from the August 2012 crash.
The lawyer said he didn’t make a compensation claim from the May 2012 accident but some relatives did.
During his cross-examination, Mr Mcdonagh told the court: “I’m feeling under pressure here.” The cost of damage to Ms Kitson’s car was €579 while Mr Mcdonagh’s bill was €1,166.
An expert told the court both cars had sustained “light impact”.
Ms Kitson said the damage was so minor to her vehicle she never carried out any repairs.
Recalling the impact, she added: “I was shocked and took me a moment to realise how could this have happened.”
In evidence, Mr Mcdonagh said: “I never said it was a massive accident. The injuries I got in the car accident with that lady were nothing compared to the injuries I got from other accidents.
“It aggravated my pain a little bit.”
The court heard when Mr Mcdonagh’s back was examined the doctor believed he was exaggerating symptoms.
Judge Keys granted costs against Mr Mcdonagh but put a stay on them that would only be lifted by an appeal.
It’s just like being in school with the teacher giving out to me
GERRY MCDONAGH
COURT YESTERDAY