Wednesday 21 August 2019

"There has been no injury whatsoever arising from this accident' - labourer loses €60k damages claim

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A farm labourer who claims to find bending painful and difficult following a car accident has lost a €60,000 damages claim.

Krysztok Sokowski (39) of Seafield Road, Rush, Co Dublin made the claim following a rear-ending traffic accident in 2015.

Following a concentrated period of cross-examination barrister Frank Martin told Krysztof Sokowski: “There has been no injury whatsoever arising from this accident.  This is a copycat claim riding on the back of the attendance of the driver of the vehicle who went with you by prior arrangement to see a doctor.”

Mr Martin, who appeared with Delahunty O’Connor Solicitors for the defendant Dariusz Chudyk and AXA Insurance, had questioned Sokowski, originally from Poland, on his need for an interpreter in court whenever the had been living and working mainly through English since arriving in Ireland 12 years ago.

Sokowski, a father of two had told Judge Jacqueline Linnane in the Circuit Civil Court that he needed to attend his doctor with the driver of the car in which he had been injured in order that he could translate for him.

He said he had been one of five people returning from a party when their car had been hit from behind by another vehicle near Rosemount Roundabout, Lusk.  Three days later he had attended his GP, the same GP that a number of those injured in the accident had attended.

The court heard that one claim associated with the accident had been withdrawn at the 11th hour while one had already been dealt with and others were still before the court.

Mr Sokowski said all of those claiming damages had attended the same solicitor only because the firm was local to where all of them lived.

Mr Sokowski said he was fully recovered from the main effects of the December 2015 accident but still experienced pain when bending during his work on the farm where he was employed.

Dismissing Sokowski’s claim, Judge Linnane said Mr Martin had highlighted gaps in the medical reports that had been handed into court and on which  Mr Sokowski had based his claim for compensation for personal injuries.

Liability had already been conceded in the case and Judge Linnane was told the court only had to assess the extent of damages, if any, that Mr Sokowski was entitled to. The judge awarded costs against Mr Sokowski.

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