The High Court rejected an application to dismiss a woman’s personal injury claim under section 26 of the Civil Liability and Courts Act 2004, finding she had not given false or misleading evidence to the court. The defendants accepted liability for injuries arising from a road crash but argued that her account of continuing back pain was false.
The judgment, delivered by Mr Justice Kelly on 25 February 2005, concerned a crash on 15 February 2000. The judge said the plaintiff had been struck from behind twice. She reported neck and shoulder pain at the scene and was taken by ambulance to University College Hospital in Galway. Her injuries later included chest pain, neck and shoulder pain, and lower back pain.
The defendants relied on a health questionnaire the plaintiff completed when applying to Boston Scientific in October 2000. She answered “No” to questions about back problems, back pain or injury, joint or muscle pain, and treatment for back or muscular problems. The judgment found some of those answers were untrue. At the hearing, her counsel accepted she had not been truthful with the prospective employer or its occupational doctor about the crash and her subsequent medical history.
The judge said that conduct did not establish the defendants’ claim under section 26. He considered medical evidence that the plaintiff’s lower back pain emerged after the accident and that a doctor who treated her found tenderness. The judge was satisfied, on the balance of probabilities, that she had not given false or misleading evidence to the court. He said she admitted her untruths to the employer before and during the hearing. He therefore found section 26 did not apply and refused to dismiss the action.
The court assessed general damages at €35,000 for pain and suffering to date and €2,000 for future pain and suffering. It also allowed €970.08 for hospital expenses, €94.09 for radiology, €250 for psychiatric fees, €150 for GP fees, €586 for physiotherapy and €4,000 for loss of earnings. It disallowed car damage because no repairs had been carried out. The judge noted the plaintiff had received IR£882 in disability benefit. Judgment was entered for €43,050.17.