Girl’s ‘adventurous’ damage declare for €60,000 dismissed

A 51-year-old lady from Malahide, County Dublin, whose €60,000 bodily damage declare was dismissed by the District Civil Court docket, was described by the decide as an “opportunist”.

Choose James O’Donoghue heard that Leslie Duffy of Seabury Glen, Malahide was concerned in what protection legal professional Veronica McInerney described as “a minor collision at low velocity with minimal impression”.

Duffy mentioned it appeared that the bus had crashed into the again of her automotive and he or she had suffered delicate tissue damage in her cervical, thoracic and lumbar backbone, in addition to diminished vary of movement in her sacral and cervical backbone.

Below cross-examination, she advised Ms. McInerney, who was talking with Crowley Millar Solicitors on behalf of the defendant Christina Dowling and her Allianz insurance coverage firm, that she had been concerned in a automotive accident in 2013 for which she was later awarded €40,000 in damages. .

Duffy advised the courtroom that on October 9, 2018, she was leaving a carpark on Ashers Key, Dublin, when she was hit by one other automotive pushed by Christina Dowling of The Grove, Milltree Park, Ratoath, Co Meath.

Dowling acknowledged in proof that she was driving 4 kilometers an hour on the time, obtained out of the automotive, apologized, and was shocked when Duffy sued her.

Duffy advised Choose O’Donoghue that she visited her GP, Dr. Enda Casey, at Donagmede Purchasing Centre, Donagmed Street, Dublin, 9 days after the accident, and he prescribed anti-inflammatory medicine, muscle relaxants and painkillers.

He additionally really useful train and physiotherapy to her and he or she visited Miss Mechnaaz Chan, Swords Physiotherapy, Chapel Lane, Swords Demesne, Swords a number of instances.

The courtroom heard knowledgeable proof that if Dowling’s automotive had been touring at solely 4 kilometers per hour, it’s unlikely that Duffy would have sustained the accidents or the extent of the accidents she complained of.

She advised Choose O’Donoghue that her sister was within the automotive together with her on the time of the accident, however was unhurt and was not in courtroom.

Ms. McInerney, who filmed Daffy allegedly effortlessly strolling up Howth Hill, denied in a full and detailed protection of her damage declare that she may have sustained the accidents she complained of when confronted with such a minor blow. .

The courtroom heard from an engineer that whereas there was no apparent exterior harm to the rear bumper of Duffy’s 2008 Renault Megane, the assist beams behind the bumper had been broken. Daffy mentioned she obtained a restore estimate of €677.60 from Statewide Towing, Foremost Avenue, Rush, Co Dublin however didn’t have her automotive repaired.

Choose O’Donoghue, in dismissing Duffy’s declare, mentioned she appeared very agile within the video of her strolling up Howth Hill. He mentioned the impression was minimal and he felt she was being opportunistic and charged her with authorized charges.

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