Tuesday 24 April 2018

Motorist loses his €120,000 two-crash appeal

Mr Marcu, who turns 28 today, with an address at Meadow Grove, Lucan, Co Dublin, was seeking a total of €120,000 damages against Ms O’Byrne and Fr Bernard Halpin. Stock picture
Mr Marcu, who turns 28 today, with an address at Meadow Grove, Lucan, Co Dublin, was seeking a total of €120,000 damages against Ms O’Byrne and Fr Bernard Halpin. Stock picture

Ray Managh

"Look what you f**king done to my car you f**king bitch," Razvan Marcu shouted and roared at an 85-year-old woman after her car "tipped" his, a court has heard.

"He was very abusive and I was afraid," Ms Bridget O'Byrne told the Circuit Civil Court as she identified Mr Marcu at the back of the court.

"I didn't collide with his car," she added.

Judge Jacqueline Linnane was also told that when Mr Marcu's car had "tipped" a priest's car in a second minor incident three days earlier, Mr Marcu had told the cleric: "You shouldn't be on the road because of your age."

Mr Marcu, who turns 28 today, with an address at Meadow Grove, Lucan, Co Dublin, was seeking a total of €120,000 damages against Ms O'Byrne and Fr Bernard Halpin.

After Judge Linnane threw out both his claims Mr Marcu walked from court with nothing other than the judge's direction that he pay Ms O'Byrne's and Fr Halpin's legal costs totalling approximately €25,000.

Judge Linnane told barrister Conor Kearney, counsel for Fr Halpin and the Provincial of the Oblates of Mary, that she considered both incidents to be minor "tips" and found Mr Marcu not to be a credible witness.

Mr Kearney had asked Judge Linnane to dismiss Mr Marcu's claim against his clients on the basis he had grossly exaggerated his injuries.

Mr Marcu had told the court that as a result of both accidents in June 2013, he had been left with an injured lower back and still had to take pain killers to handle the pain.

Barrister Neal McDonald, counsel for Ms O'Byrne, of Main Road, Tallaght, Dublin, also asked for the claim against his client to be dismissed.

Mr McDonald told Judge Linnane that Ms O'Byrne had not even been aware of having hit anyone on June 9, 2013, near the Bray exit on the M11.

Ms O'Byrne said she did not know about anything until "this man had got out of his car shouting and roaring".

Mr Marcu sued Fr Halpin, of Bulfin Road, Inchicore, Dublin 8, and his Order for €60,000.

He alleged the accident happened at Tyrconnell Road, Inchicore, on June 6, 2013, and had been caused by Fr Halpin's careless and negligent driving.

Judge Linnane said Mr Marcu had clearly exaggerated his injuries to a great extent.

She said she did not find him a very credible witness and she considered it strange that he had gone to "so many different solicitors".

Irish Independent

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