Wednesday 21 August 2019

Injury story 'not credible', says judge as he dismisses pair's claims

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Charlie Weston

Charlie Weston

A High Court judge has dismissed personal injury claims by two people, saying they were not credible witnesses.

Ashraf Ali and Rosaleen O'Connell claimed they suffered soft tissue injuries after the car they were in was rear-ended.

However, Mr Justice Michael Twomey, sitting in Ennis, said there was only minor damage, contradicting the claim of major damage to the car.

He upheld an earlier Limerick Circuit Court judgment in which the cases were dismissed.

Insurer Allianz hailed the outcome of the case and said it was determined to fight spurious claims.

Mr Ali and Ms O'Connell had taken legal action against Dr Ruth Martin, who is insured by Allianz.

They made claims after an accident in Limerick in 2015, in which Dr Martin rear-ended the car driven by Mr Ali. Ms O'Connell claimed to have been a back-seat passenger.

But Dr Martin, who was represented by Henry Downing SC, instructed by Michael Houlihan & Partners, gave evidence to the court that Ms O'Connell had not been in Mr Ali's car when the accident happened.

She added the accident was not significant and there was no damage to her car.

Mr Justice Twomey said in his judgment that Dr Martin was a "convincing and credible witness".

But he dismissed the evidence of Ms O'Connell, who was "not a convincing witness". Mr Ali was not a credible witness, the judge added.

Chief executive of Allianz Ireland Sean McGrath said he was delighted with the outcome of the case, which he said had vindicated Allianz's ongoing zero-tolerance stance.

Irish Independent

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