Men deemed "exaggerated" by the doctor are inflicted damages

Two men judged by a doctor exaggerating injuries they claimed to have suffered in an accident were awarded compensation of 7,500 euros and compensation of 5,000 euros.

A taxi driver involved in the incident contradicted the version of the events and said that his vehicle had not been damaged and that he had not witnessed the alleged damage caused to the other vehicle, as shown in the photo of one of the men who was handed to him. the tribunal.

The testimony of the taxi driver was corroborated by a member of the Garda.

Judge James O'Donoghue, who sits on the Naas Court of Appeal, said he thought an accident had occurred.

Although he accepted that the insurance company's doctor described the two men as "strong enough", he awarded them compensation, which he said was "at the bottom of the ladder", more their costs.

The case was taken by Patrick Carthy (30), an unemployed worker from Robertstown, County Kildare, and his friend Tyrone Bowers (29), an apprentice electrician.

The court learned that on September 19, 2015, they had been drinking in a pub and called a taxi at 10:30 pm. Mr. Carthy asked the driver to go home on his way to change his shoes and get a piece of identity for a nightclub.

Mr. Carthy stated in his testimony that he had repeatedly told the taxi driver where to turn.

"He just braked and suddenly, there was a noise from behind, a huge blow, from what I can remember," said Carthy. "When we crashed, I hit my head through the window and had a backache."

Mr. Carthy stated that he was out of the taxi and had vomited while Mr. Bowers had stated that he had urinated himself.

The two men went to K Doc, a medical service available outside office hours, then to their GP. Both complained of soft tissue injuries and pain and underwent physiotherapeutic treatment.

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The court heard that the driver of the other car was not found and neither Mr. Carty nor Mr. Bowers contacted Gardaí at the time of the accident or immediately thereafter.

Taxi driver Michael Nolan said that when he stopped his vehicle, he felt a "reversal" or a "jolt" in the back that he described as "moderately powerful".

Neither Mr. Carthy nor Mr. Bowers complained of an injury at the time, he said. He said that he had called his taxi company to send a replacement car, but the two men had left the premises before his arrival and had refused to pay him.

Mr. Bowers said he took a picture of the car that hit the taxi. The image showed the front of a severely damaged vehicle, with its bumper suspended.

In the photo, Mr. Nolan said, "It definitely was not like that. . . the car was completely intact. "

Garda John O'Sullivan from Naas Garda Station went to the scene of the crash. In Judge O'Donoghue's photo, he says, "It's certainly not what I saw at night. . . the bumper was still intact, the headlights were still intact. There was no fluids on the road. I can not explain where this picture comes from. "

Mr. Bowers said he took the picture on his phone at 11:53 pm the night of the incident. He gave it to his lawyer "about two weeks ago", but not to the Garda. "I did not think the Gardaí would need that," he said.

Resist

The photo was presented to the defense for the first time in court.

The court heard that Dr. Michael Glynn had interviewed the two plaintiffs on behalf of FBD Insurance and the Motor Insurance Bureau of Ireland.

"He actually found that you were not cooperating," Carthy told Philip Fennell BL for FBD. "You have actively resisted this examination. Mr. Glynn felt that you do not cooperate and do not exaggerate. "

Mr. Carthy was not in agreement. "I cooperated with him as much as I could," he said.

In the case of Mr. Bowers, Mr. Fennell stated that Dr. Glynn could find no real reason for the alleged injuries. He believed that the pain was "psychosomatic".

The lawyer for both, Tom Clarke BL, stated that the two men had gone to their GP and that Mr. Bowers had gone to K Doc nine times for treatment.

In his decision, Justice O'Donoghue stated, "Even if I have to read what Mr. Glynn says, I am not inclined to accept the exaggeration."

Mr. Nolan was exonerated of all blame, he said. There was a conflict of evidence as to the severity of the damage in the incident. "I am inclined to give the two complainants the benefit of the doubt," he said.

He awarded Mr Bowers and Mr Carthy EUR 7,500, for whom Dr Glynn was "quite scathing" of € 5,000.

It is understood that a call is being examined.