Womanawarded€1,500for petrolpumpaltercation Banned fordriving motorbike erratically
A SOUTH WEXFORD housewife was awarded €1500 in damages arising out of a petrol station altercation in a civil action which came before Judge Alice Doyle at Wexford Circuit Civil Court.
Aisling Nacey, of Ballygow, Carrig-on-Bannow, brought her action against the defendant, named on court documents as Jimmy Nolan of Coolroe, Ballycullane, arising out of an incident at Wallace’s Service Station, Wellingtonbridge on June 17, 2013.
Ms Nacey’s counsel James Peart told the court that on the day in question, his client was filling her car with petrol when she was approached by the defendant, Jimmy Nolan. He assaulted her by way of slamming the flap over the fuel cap onto her hand as she was filling her car with petrol, injuring her in the process.
In evidence, Aisling Nacey said Jimmy Nolan parked his car in a way that prevented her from getting access to the petrol pump. As she manoeuvred to the next pump, she rolled down the window, telling Jimmy Nolan that he could have shown more courtesy.
She said that the defendant came over to her, offered some expletives and slammed the petrol cap down on her hand. At that time a gentleman standing near the incident came over and prevented any assault.
Ms Nacey told the court her hand was bleeding and her children in the car were getting upset. As a result she called her father-in-law who arrived and the matter was reported to gardai. She also received hospital treatment for her injury.
In evidence, Jimmy Nolan told the court that what Ms Nacey had said was ‘a complete lie’. He also told the court that his name is James Nolan, while his father’s name is Jimmy Nolan. He said the wrong man’s name is on the summons. ‘I am James Nolan and my father is Jimmy Nolan. I am James Nolan of Nolan Stoneworks and my father Jimmy Nolan is of Nolan Headstones,’ he told Ms Nacey.
Ms Nacey said the man in court is the same man that assaulted her.
Jimmy Nolan in evidence said he pulled into the petrol pump which he then saw was out of order, and had to go to the far pump. He said that Aisling Nacey pulled down the window of her car and shouted ‘ have you no manners’. As she shouted at him again, he shouted back at her.
Nolan said that Aisling Nacey assaulted him but he did not assault her.
Judge Doyle said she would confirm the evidence of the Plaintiff and award her €1500 damages with costs. JAMIE Sinnott from 22 St Martin’s Park, Ballycullane was fined € 1,000 and put off the road for three years on conviction for motoring offences.
The 21- year- old was prosecuted after being spotted driving a motorbike erratically on Priory Street in New Ross on August 2.
The bike was seen by Garda Michelle Power mounting the footpath before it was abandoned by the defendant who attempted to evade capture by trying to climb over a wall.
The machine was reported to the District Court to be in a very bad state with no number plates exhibited.
It turned out that he had already been put off the road in the wake of a drink drive conviction.
The judge learned that Sinnott was serving an apprenticeship with a joinery firm and had hopes of travelling to the United States in future to work.
Fines of € 400 each were imposed for dangerous driving and driving without insurance, with a further penalty of € 200 added for being on the road without a valid licence in force.