Judge critical of crash claim ‘lies’
Grant Grubb, 35, had launched a civil action claiming £500,000 for injuries he suffered after another driver, John Finlay, reversed into his car in a 4mph collision.
The incident took place at Tesco Extra at Kingsway West Retail Park in May 2011, and Mr Grubb said the accident left him unable to work.
Mr Grubb claimed that the crash had caused him chronic pain in his neck, left arm, shoulder and the left side of his face.
He also alleged he was suffering from a chronic adjustment disorder which made it difficult for him to cope with everyday tasks.
Mr Grubb was awarded £7,321 — but Lord Kinclaven reserved all questions of expenses until a later date.
The judge said the claimant had displayed a “lack of candour” in his evidence — in particular about the severity of his injuries.
However, representatives for Mr Finlay alleged that the pursuer was exaggerating his symptoms for financial gain.
In particular, they said he already had a history of anxiety and depression prior to t he accident.
They also said he had falsely told medical experts he had been unable to drive following the accident — but they alleged he had a conviction for driving without insurance.
They also stated he had increased his hours after the incident — despite claiming it had left him unable to go to work.
Mr Finlay’s representatives called for the case to be terminated due to the claim being “fundamentally dishonest”.
However, that action was rejected by the court as to “dismiss the whole action would create injustice”.
Mr Finlay’s representatives appealed the decision — with the case calling at the Court of Session in Edinburgh — saying that Mr Grubb shouldn’t be awarded expenses in relation to the claim.
Lord Carloway dismissed the appeal but ordered Mr Grubb to pay two-thirds of the expenses of the action.
He said: “It was impossible for the court to ascertain where the lies stopped and the truth began.”
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