Man shot in Dublin last month loses €60,000 claim for personal injuries in road accident
A 32-year-old Dublin man, who was shot last month, has lost a €60,000 claim in the Circuit Civil Court for personal injuries he suffered in a road traffic accident.
Judge Jaqueline Linnane said she had no option but to dismiss a claim by Jonathan Kenny, of Monasterboice Road, Crumlin, against taxi driver Michael McGuinness, of Galtymore Road, Drimnagh, Dublin, and the Motor Insurers Bureau of Ireland.
Judge Linnane said the MIBI made an application for the case to be dismissed in its entirety on the basis that the bureau had been joined as a co-defendant in the proceedings.
Barrister Elaine Morgan, for the MIBI, said a mandatory provision in the regulation stated that the bureau must be sued separately when a claim also involved an insured driver.
Ms Morgan said in this case, Mr McGuinness, driver of the taxi in which Mr Kenny was a passenger, was insured when an accident with an untraced driver happened in January 2014 at a roundabout between Clonard Road and Kildare Road in Crumlin.
The court heard that the untraced driver fled the scene and gardaí had witnessed the accident.
Mr Kenny’s legal team had opposed Mr Morgan’s application and argued that the court had jurisdiction to split the case into two separate proceedings.
Judge Linnane said that although she accepted that from a practical point of view this could be done, as the parties and witnesses were in court today, she had no option but to dismiss the claim in its entirety as the law was clear and the MIBI had raised the point in its defence.
The judge said Mr Kenny had still time to re-issue separate proceedings against Mr McGuiness and against the MIBI. She made no order as to legal costs.
Mr Kenny, who was in court today, was shot last month in Crumlin and had undergone emergency surgery. He is a brother of Ian Kenny, who was shot in 2007. Ian Kenny died in 2009 after having spent two years in a coma following the shooting.
Mr Kenny’s lawyer said his client suffered soft tissue injuries in the accident.
He told Independent.ie that he intends to appeal the decision.
Outside court, Mr Kenny said he was unhappy with the outcome of the claim.
“It’s disgraceful,” he said.