€60,000 hit-and-run claim dismissed after cyclist 'misled' doctor
A man took part in the 67km Gaelforce West race only five weeks after allegedly suffering "incapacitating injuries" in a biking accident involving a hit-and-run driver, the Circuit Civil Court has heard.
A €60,000 damages claim by father-of-two Graham Dunne, of Castlecurragh Park, Blanchardstown, Dublin, was thrown out on the basis he had given misleading information regarding his previous medical history.
Conor Kearney, counsel for the MIBI, which compensates victims of untraced motorists, told Circuit Court president Mr Justice Raymond Groarke that Gaelforce West, the biggest one-day adventure race in Europe, included kayaking, cycling and a hike up Croagh Patrick.
Mr Kearney told the court that telecommunications engineer Mr Dunne (41) had misled a doctor about his past medical history. He said that during an examination by sports injury specialist Dr Pat O'Neill, Mr Dunne had concealed information about a second accident at the National Aquatic Centre in which he had sustained head and neck injuries and which he had settled out of court for €20,000.
Mr Dunne said in his MIBI claim that he had suffered injuries to his chest wall, spine, right elbow and forearm and right calf when knocked off his bicycle on Main Street, Blanchardstown, in July 2017.
He denied, during cross-examination by Mr Kearney, he had deliberately attempted to hide the fact he had suffered similar injuries in the Aquatic Centre accident to what had happened him in the cycling incident.
Mr Kearney said that, in accordance with Section 26 of the Civil Liabilities and Courts Act, a court shall dismiss a claim where it considers a claimant has given evidence misleading in any material respect unless dismissal of the action would result in an injustice. Judge Groarke dismissed Mr Dunne's claim and directed he pay the MIBI's legal costs.