Tuesday 19 November 2019

Judge dismisses brothers' €60,000 crash claims as evidence 'did not match up'

Keith and Trevor Daly of Forest Hills, Rathcoole, Co Dublin, claimed they suffered neck and back injuries. Picture: Collins
Keith and Trevor Daly of Forest Hills, Rathcoole, Co Dublin, claimed they suffered neck and back injuries. Picture: Collins

Simone Smith

Two brothers who claimed they suffered neck and back injuries in a car accident have both had their €60,000 damages claims dismissed after a judge told them their evidence did not match up.

Judge John O'Connor heard in the Circuit Civil Court that Trevor and Keith Daly, both of Forest Hills, Rathcoole, Co Dublin, were travelling on Dorset Street, Dublin 1, in October 2015, when the car they were in was struck by a taxi driven by Famous Oboh, of The Crescents, Highlands, Drogheda, Co Meath.

Trevor said he had been thrown around following the impact and had suffered with neck and back pain for a number of years as a result.

Barrister Adrianne Fields, counsel for the taxi driver, questioned Trevor over his brother Keith's injuries and asked him if he remembered Keith blacking out or vomiting after the crash.

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Trevor told her he did not recall this happening.

Ms Fields later questioned Keith over whether he had blacked out after the accident.

He told her he remembered feeling lightheaded and he sat down on the side of the road where he passed out before getting sick.

She asked Keith why he had not mentioned the fact he had blacked out and vomited to any of the doctors he saw following the accident. He told her he did not know, but that he remembered blacking out after the crash.

Ms Fields said she found it strange that Trevor had not noticed his brother passing out on the side of the road.

Judge O'Connor dismissed both cases on the grounds that the brothers' evidence in court did not match the claims in their pleadings and medical reports.

Irish Independent

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