Judge throws out €38,000 claim by man against his brother
A JUDGE has thrown out a €38,000 damages claim by a jobless man against his brother.
The Circuit Civil Court heard allegations that Thomas Joyce had called to a fast-food restaurant to give his brother Richard Joyce a lift home along with his step-son Paul McDonagh and Paul’s wife, Leanne McDonagh.
Richard Joyce (37), of Oakwood Avenue, Swords, Co Dublin, claimed his brother had been under the influence of drink and on the way home had refused to stop for a Garda patrol car which had flashed its lights.
The court also learned that following a brief chase the driver, Thomas Joyce, of Cooldriona Court, Swords, Co Dublin, had crashed the car into a ditch. Richard Joyce alleged he received chest, neck and back injuries.
Barrister Jim McArdle, counsel for the driver and defendant Thomas Joyce, told the court that Paul McDonagh and his wife had also lodged damages claims against his client.
Thomas Joyce said he had been drinking “too much” over three or four days and had crashed the car that night, 3rd October, 2010, after picking up his brother and the couple outside the Swords takeaway.
Judge Jacqueline Linnane said she did not believe that Thomas Joyce had suddenly turned up “out of the blue” to give the group a lift. She also did not believe that Richard Joyce and the McDonaghs had not known, when they entered his car, that Thomas Joyce had been drinking.
The judge dismissed Richard Joyce’s €38,000 damages claims and directed that he pay his brother, Thomas’s, legal costs to be taxed in default of agreement.