Ro­ma­ni­ans’ ‘un­real’ claim thrown out


The Kerryman (South Kerry Edition) - - NEWS - By SI­MON BROUDER

A JUDGE in Dublin has la­belled state­ments made in the case of two Tralee-based Ro­ma­ni­ans as “in­cred­i­ble” and “un­real” as he dis­missed their per­sonal in­jury claims against Aviva In­sur­ance.

Mother-of-four Maria Petronela Moisa of Tralee, Kerry, and Sorin Moisa, also Tralee, had made claims for €60,000 each against Aviva In­sur­ance fol­low­ing a car crash at Phib­s­boro Av­enue in Dublin in March 2012.

At the hear­ing last week Cir­cuit Court Pres­i­dent Mr Jus­tice Ray­mond Groarke said he found ev­i­dence of the car mys­te­ri­ously fill­ing up with dense smoke – to such a de­gree as to blind the driver and cause him to crash into a tree – to be in­cred­i­ble.

A man in­jured in the crash had main­tained the driver had been blinded by on­com­ing bright head­lights and had not men­tioned smoke un­til cross-ex­am­ined by bar­ris­ter Paul O’Neill, coun­sel for Aviva In­sur­ance, which fought the claims.

“It’s in­cred­i­ble… un­real if these sto­ries are un­true,” Judge Groarke said.

De­tec­tive Sergeant Mark Ash­ford told the court he had been un­able to find trace nor sign of smoke or fumes in the car fol­low­ing the crash at Phib­s­boro Av­enue, Dublin, in March 2012.

Det Sgt Ash­ford said his sus­pi­cions had im­me­di­ately been aroused when the al­legedly in­jured pas­sen­gers kept mov­ing in and out of am­bu­lances that had been called to the scene.

The trio were taken in am­bu­lances to three Dublin hospi­tals and sub­se­quently “dis­ap­peared”.

Let­ters to an ad­dress given to Gar­daí were not re­turned, and the ad­dress – 64 Race­course Lawn Tralee – was later found to be fic­tional.

Judge Groarke dis­missed €60,000 claims by mother-of-four Maria Petronela Moisa, and Sorin Moisa, and awarded Aviva their costs against them. Mr O’Neill also suc­cess­fully ap­plied for a costs or­der against a third in­di­vid­ual who had with­drawn a €60,000 claim just be­fore the trial opened.

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