News Courts

Wednesday 1 October 2014

Judge questions credibility of witness in damages claim

Ray Managh

Published 30/01/2013 | 15:57

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A JUDGE has questioned the credibility of a security man who failed to disclose evidence of injuries he suffered in an assault and a car crash unrelated to a damages claim he brought before the Circuit Civil Court.

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Judge Matthew Deery said Polish national Mariusz Tokarczyk had claimed for loss of earnings for a medically certified period of unfitness to work at a time that coincided with a holiday in Poland.







The judge said Tokarczyk had also failed to disclose to defendant Donal Kennedy that he had been injured in an assault in 2008, two years before the 2010 car crash, and in a second car accident six months after it.







Tokarczyk, of Sherrard Street Upper, Dublin, brought a €38,000 claim for damages against Kennedy, of Watertown Avenue, Palmerstown, Dublin, whose jeep had rear ended his Fiat Punto car at Ash Street, Dublin 8 in November 2008.







Barrister John Martin, counsel for Kennedy, told the court liability was conceded for the 2010 accident but cross-examined Tokarczyk on why he had not divulged medical evidence arising out of the other incidents.







Judge Deery said that since responsibility for the accident was not in question and since there was some evidence of injury to Mr Tokarczyk he would award him €3,000. Dismissing his claim for loss of wages he said he was not satisfied there was a genuine loss.







He said there were ongoing High Court claims by Mr Tokarczyk relating to the 2008 assault and a subsequent car crash in April 2011. There had been a degree of concealment about his medical history.







The judge said Mr Tokarczyk had become involved in a certain pattern of using different solicitors and doctors in relation to his claims. Looking at evidence relating to medical issues arising out of the other incidents his credibility was in question to a large extent.



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