Wednesday 21 August 2019

Judge issues warning over personal injury actions as man loses petrol station slip case

 

No proof of spill: Bernard Cronin claimed he slipped in oil. Photo: Collins Courts
No proof of spill: Bernard Cronin claimed he slipped in oil. Photo: Collins Courts

Tim Healy

A High Court judge has told people not to bring personal injury claims "you can't bring home".

Ms Justice Bronagh O'Hanlon said she wanted that message to go out as she dismissed the case of a Tipperary man (60) who claimed he slipped on a garage forecourt as he went to pay for petrol. The judge said she did not find Bernard Cronin at all convincing in relation to his claim.

Ms Justice O'Hanlon said Mr Cronin did not have any evidence of an oil spillage as he didn't have the clothing he was wearing on the date of the alleged accident. The judge accepted the evidence of two garage workers and said their "credibility could not be doubted".

Ms Justice O'Hanlon also noted an MRI report suggested any difficulty with Mr Cronin's knee joint was an old injury, though at a medical inspection he arrived with a stick.

Mr Cronin (60), from Clonmel, sued the Petrogas Group Ltd as a result of an alleged fall at its service station at Dungarvan Road, Clonmel, on March 6, 2015.

Mr Cronin maintained he parked at the middle petrol pump and got €10 worth of fuel. He claimed he skidded on oil or diesel on the ground.

Ms Justice O'Hanlon said a number of features of the case caused concern to the court and it was hotly disputed the accident occurred at all. The judge awarded costs against Mr Cronin but confined it to one day of the two-day hearing.

Irish Independent

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