The High Court dismissed Patrick Ward’s personal injuries claim after finding that his account of a car accident was not credible and that the events had not been established on the balance of probabilities.
Mr Justice Twomey delivered the judgment on 13 February 2019. The claim arose from an incident at about 1am on 16 February 2016, when a car driven by Michael Ward, with Patrick Ward as a passenger, ended up in a ditch on a country road between Shannonbridge and Cloghan in County Offaly. Engineering evidence indicated that the car was on a straight stretch of road and came into contact with a gate pillar.
Patrick Ward alleged that he suffered neck and rib injuries and an eye injury. The judgment records that he said the injuries cleared within a few months and that he had taken painkillers, anti-inflammatories and eye drops. It also notes independent evidence that he told his GP within two weeks that he was okay. He was unemployed and claimed damages exceeding €60,000.
The judge focused on conflicting accounts in documents submitted during the case. A 2016 form described Mr Ward as a front-seat passenger and said the car lost control going around a bend. Another form said he was in the back seat and the car skidded in snow. Replies to particulars later stated that he had been asleep in the back seat. A claim notification form described the road conditions as “ok” and referred to a bend, while a medical report recorded a different explanation involving an oncoming car.
Mr Ward’s solicitor testified that the back-seat reference in the replies might have been a mistake, possibly arising because the solicitor also acted for Mr Ward’s cousin, Dermot Ward, who was in the car and had a claim of his own. The judge said that explanation was possible, but Mr Ward was prima facie bound by his solicitor’s reply, and the court had to assess all the evidence. The judgment also noted inconsistent accounts about the cousin’s seating position.
The judge said the evidence did not establish where Mr Ward was sitting, whether he was asleep, what the road conditions were, how the car entered the ditch or what caused it. Concluding that Mr Ward was not a credible witness about the incident, the court dismissed his claim. The judgment makes no damages award.