Col­li­sion claim dis­missed af­ter court mis­led

The Irish Times - - Home News - RAY MANAGH

A claim for dam­ages by a man who had al­leged he was in­jured in sep­a­rate rear-end­ing col­li­sions, caused as a re­sult of his mother and sis­ter wear­ing high heels while driv­ing, has been dis­missed.

John O’Brien Jnr, of Bal­lyo­gan Drive, Car­rick­mines, Dublin, al­leged his claim against his sis­ter Stephanie O’Brien, of Old Church Cres­cent, Clon­dalkin, and her in­surer Axa, that he in­jured his right arm and back when her car rear-ended an­other at Ballinteer round­about.

When cross-ex­am­ined by bar­ris­ter Conor Kear­ney, for Axa, Mr O’Brien told the Cir­cuit Civil Court he had been in­volved in a pre­vi­ous in­ci­dent in 2011 but failed, as out­lined by Mr Kear­ney, to dis­close three other in­ci­dents for which he had re­ceived com­pen­sa­tion.

In the Fe­bru­ary 13th, 2015, ac­ci­dent in Ballinteer in­volv­ing his sis­ter’s car, Ms O’Brien told Cir­cuit Court pres­i­dent, Mr Jus­tice Ray­mond Groarke, she had been wear­ing high heels and her foot had slipped off the pedal caus­ing her to rear-end an­other car.

Mr Kear­ney ques­tioned Mr O’Brien about the three in­ci­dents he had failed to dis­close, one of which in­volved his mother in 2009. She, as the driver, had blamed one of her high heels hav­ing be­come trapped un­der a mat for caus­ing that rear-end­ing in­ci­dent.

The court heard there were five oc­cu­pants in Stephanie O’Brien’s car at the time of the Ballinteer in­ci­dent, all of whom had ad­vanced per­sonal in­jury claims. None of the oc­cu­pants of the car that had been rear-ended had made any claims.

At the end of the ev­i­dence given by Mr O’Brien and his sis­ter, Mr Kear­ney, who ap­peared with De­lahunty O’Con­nor Solic­i­tors for AXA, ap­plied to have the claim dis­missed on the ba­sis that Mr O’Brien had mis­led the court.

Mr Jus­tice Groarke said Mr O’Brien had pur­posely sought to mis­lead both the court and the de­fence. He saw no in­jus­tice in dis­miss­ing his claim and award­ing costs against him.

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