Saturday 21 April 2018

Mum loses €60,000 claim after being filmed jogging

Esther Lamidi leaves court after losing her action for damages. Photo: Collins
Esther Lamidi leaves court after losing her action for damages. Photo: Collins

Ray Managh

A mother-of-two was filmed jogging across a road after telling a consultant she could not move her right leg and ankle and was suffering serious back pain.

Circuit Civil Court President Mr Justice Raymond Groarke said that Stephen Bothma, private investigator with Core Group Investigations, had also filmed Esther Lamidi getting into her car without "any bother or restriction of movement".

Barrister Lisa Kelly, counsel for Zurich Insurance, and motorist John Lowry in a personal injuries claim against them for €60,000 said Ms Lamidi had told defence medical consultant Aidan Gleeson, on the day of the video recording, that she was "unable to function in any way".

"You told him that you struggled to move about and pain was restricting your movements," Ms Kelly told Ms Lamidi, of North Strand Road, North Strand, Dublin 3.

Ms Lamidi (33) had claimed in evidence that Mr Lowry, a bus driver travelling home after a night shift, had driven across a stop line at Mountjoy Square traffic junction and crashed into her car.

Ms Kelly told Ms Lamidi, an unaccompanied provisional licence holder, that she had ignored Mr Lowry twice beeping the horn at her and that she had failed to yield while his vehicle was in control of the junction.

"With regard to your injuries you have at the very least exaggerated your evidence," Ms Kelly said.

She told Ms Lamidi, who said she could not remember if she had failed four, five or six driving tests, that her evidence had been totally inconsistent with what she had said to the insurer's medical expert and the court.

Ms Lamidi said she had been driving on a provisional licence for the past 17 years.

Judge Groarke, throwing out Ms Lamidi's claim with costs against her, said impact damage was not consistent with her evidence that Mr Lowry had driven into the junction at speed. He said Ms Lamidi, who wept almost continuously throughout her evidence, had not complained to her GP of back pain until almost 18 months after the accident.

Irish Independent

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