The High Court dismissed Martin Twomey’s claim against a car driver over a 1998 motorcycle collision, finding that the accident probably happened as the driver described. The court assessed Twomey’s damages at €50,000 against the motorcyclist, who had already suffered judgment in default of appearance.
Mr Justice Michael Peart delivered the judgment on 10 February 2005. The claim proceeded at trial only against the second defendant, Michael O’Donoghue. The judge said he had been informed by Twomey’s counsel that judgment in default of appearance had been obtained against the first defendant, Keith Crean. Although the order had not yet been produced, the judge accepted that account and assessed damages against Crean for that judgment.
Twomey said he was riding as a pillion passenger on Crean’s motorcycle on Harbour Road at about 10.10pm on 8 May 1998. He alleged that O’Donoghue, whose car was pulled in at the left kerb, made an unannounced U-turn across the motorcycle’s path near Hollyville and a Statoil filling station. O’Donoghue disputed that account.
The judge preferred O’Donoghue’s evidence, supported by Sergeant Kelleher’s account and notes of the vehicles’ positions after the collision. He said accepting Twomey’s version would require rejecting that evidence and finding that O’Donoghue and the sergeant had deliberately lied or concocted evidence; he found no basis for that suggestion. The judge also said Twomey’s evidence was unreliable in material respects, citing conflicting accounts about whether he wore a helmet and why the men had stopped at an off-licence. He said he did not rely on evidence of Twomey’s previous criminal record when assessing credibility.
Because Twomey had not proved that the collision happened as he alleged, the court dismissed his claim against O’Donoghue. Separately, for the purpose of the judgment already obtained against Crean, the judge assessed damages at €50,000. Twomey had suffered fractures to his left femur and ankle. The orthopaedic surgeon’s evidence was that he walked without a limp about two years later, had full movement in his knee, ankle and hip, and had made a full recovery with no long-term arthritis risk.