The High Court dismissed a former hotel worker’s personal injury claim after finding that he had systematically exaggerated his symptoms and withheld information about working while presenting himself as unable to work.
In a judgment delivered on 11 October 2012, Mr Justice O’Neill ruled that section 26(1) of the Civil Liability Act 2004 applied. The provision required dismissal unless the court was satisfied that doing so would cause an injustice. The judge said the defendant bore the burden of proof and, given the provision’s penal effect, the court had to be satisfied to a high degree of probability that it had met that burden.
The plaintiff, Mohammed Sameur Rahman, was injured at the Killashee Hotel in County Kildare on 27 November 2006. While carrying toast in the kitchen, he came into contact with trays that had been negligently misplaced, slipped and fell backwards. He later reported ongoing pain and disability, and said he had been unable to work since April 2008.
The court heard evidence from five doctors. The judge said examinations and scans had not provided a physical explanation for the extent of the plaintiff’s complaints. Surveillance footage recorded on three occasions between October 2010 and February 2012 showed him making deliveries for takeaway restaurants, carrying packages and bags, walking upstairs and vacuuming at the Islamic Cultural Centre in Naas.
The judge found the footage showed no apparent difficulty or disability and was inconsistent with the plaintiff’s testimony and his presentation during the trial. He also found that the plaintiff had not disclosed his work activity to doctors or the court, despite maintaining that he was incapable of work. The judge rejected a suggested explanation that a mental health condition might account for the exaggeration, saying there was no evidence to support it.
O’Neill J concluded that the misleading evidence was material to the claim for general damages, even though the loss-of-earnings claim was low. He was satisfied that the plaintiff had consciously exaggerated his injuries to increase the value of his claim. The court dismissed the claim; the judgment does not record an award of damages.