The High Court dismissed two personal injury claims arising from minor contact between two cars in Limerick in February 2015. Mr Justice Twomey upheld the Circuit Court’s dismissal of Rosaleen O’Connell’s claim and dismissed Ashraf Ali’s claim under section 26 of the Civil Liability and Courts Act 2004 because of misleading evidence given in the High Court.
The judgment says the contact left a minor dent to the rear bumper of Mr Ali’s car and caused no damage to the car driven by Ruth Martin, a doctor. Ms O’Connell claimed she had been a back-seat passenger and injured her back. Dr Martin said Ms O’Connell was not in the car; the judge accepted Dr Martin’s evidence.
The judge noted that Ms O’Connell’s GP records referred to sinus problems and, in later visits, attributed her back pain to a fall down stairs. Her solicitor referred her to a back specialist, and apparently also to a psychiatrist, without a GP referral. The judge treated the specialist reports with scepticism, finding they were obtained for legal rather than medical reasons. He concluded on the balance of probabilities that Ms O’Connell was not in the car and had made a fraudulent claim. He said this was not a finding that she had committed a criminal offence. The High Court affirmed the Circuit Court’s dismissal and costs order against her.
Mr Ali, the driver, claimed neck and back injuries. The judge found him evasive and did not accept his evidence that Ms O’Connell was in the car. He also found that Mr Ali’s neck and back pain was not caused by the minor contact and that his evidence about the accident and his injuries was misleading. The judgment says it was unclear what evidence Mr Ali gave in the Circuit Court; the High Court assessed the case on the evidence before it. His claim was dismissed under section 26.
The Circuit Court had awarded Mr Ali €17,500 in general damages. The High Court did not replace that award with a damages award: his claim was dismissed. Separately, the judge said that if the claim had not been dismissed, the objective evidence— including two physiotherapy sessions and full range of movement—would have supported €3,000 for pain and suffering, plus any out-of-pocket expenses. He said the Circuit Court award was excessive for a minor injury and that proceedings of this value should have been brought in the District Court, where a differential costs order could apply.