Tuesday 18 December 2018

Lorry driver withdraws €60k claim after admitting he continued to drive after incident

Peter Conway of Churchfield Avenue, Churchfield, Cork pictured leaving the Four Courts Photo: Collins Courts
Peter Conway of Churchfield Avenue, Churchfield, Cork pictured leaving the Four Courts Photo: Collins Courts

Ray Managh

A 57-year-old Cork lorry driver has withdrawn a €60,000 personal injuries claim after admitting in the Circuit Civil Court he had continued to drive for his employer at a time when he had been banned from driving.

Peter Conway’s admission in the witness box came in the middle of a detailed cross-examination by barrister Shane English who appeared for Landbridge Limited, Cork, which has its registered office in Dublin.

Conway, of Churchfield Avenue, Churchfield, Cork, withdrew his damages claim minutes after answering “Yes” when asked by Mr English if he had continued driving for his former employer at a time he had been banned from driving.

Judge Pauline Codd adjourned the personal injuries hearing when Conway admitted his failure to inform the company of having lost his licence. 

Following brief talks with his legal team Conway withdrew his claim.

Earlier he had told the court that on 18th January, 2013 he had travelled to Thurles, Co Tipperary to make a delivery and had to use an electric pallet truck for unloading purposes and injured his neck and back during the process.

Mr English, who appeared with Kieran McIntyre of Hayes McGrath Solicitors for Landbridge, told Mr Conway the defendant company had been told Mr Conway had not worked since the accident and was making a claim for loss of earnings, withdrawn today Monday only at the start of the court hearing.

Conway said he assisted his nephew on deliveries for Fastway Couriers but was not employed by Fastway. He said he was drawing benefit but was allowed to work 19 hours a week.

Mr English told him he had drawn benefits worth €55,327 because he had been registered as disabled and had given the court the impression the injuries were going to affect him for the rest of his life.

Conway said he was unable to give a definite date for when he had begun working for his nephew delivering parcels for Fastway.  His nephew paid him in cash. He believed he started in October 2016 and worked one day a week.

“You were banned from driving but you continued to drive and you did not tell Landbridge,” Mr English said.  When Conway answered “Yes” Mr English told Judge Codd he had an application to make to the court.

After a brief adjournment the judge was told Conway was withdrawing his case on the basis no order for costs would be sought against him.

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