Saturday 17 August 2019

WATCH: Couple's personal injury claims dismissed after CCTV of 'minor tip' shown in court

Amy Molloy

Amy Molloy

A HUSBAND and wife have had their personal injury claims dismissed after CCTV footage of a "minor tip" was shown in court.

Philomena Samantha Casey Faulkner and Martin Faulkner brought injury claims following an incident in a Limerick car park in 2015.

CCTV shows how the defendant - a 70-year-old woman - was reversing her vehicle and tipped the Faulkners' car as they waited to find parking.

Ms Casey Faulkner can be seen immediately getting out of the car and walking towards the back of the vehicle.

There was no initial report of injuries but the couple later brought claims - Ms Casey Faulkner in September 2015 and Mr Faulkner in July 2016.

In Limerick Circuit Court in March, Judge Sean O' Donnabhain said he didn’t believe anybody could have been injured in an impact of this nature having viewed the CCTV.

The defendant's car after the crash
The defendant's car after the crash

However, Mr Faulkner subsequently appealed the decision to the High Court, which was withdrawn last week.

Ms Casey Faulkner has now also had her case thrown out after she gave evidence that she only became aware of the accident when her baby started crying in the back seat.

The plaintiffs' car after the collision
The plaintiffs' car after the collision

Her claim was dismissed and costs were subsequently awarded to Aviva Insurance, which represented the defendant.

There is currently a third claim pending involving a minor who was sitting in the back seat at the time of the incident.

Speaking to Independent.ie about the nature of the collision, Rob Smyth, investigations manager with Aviva, described it as a "minor tip" and lamented the substantial costs involved in defending the case.

"Although the CCTV clearly shows the minor impact, the photograph evidence of the damage is also of importance.

"We are obviously very pleased that our customer’s version of the incident was accepted and very much welcome the decision of the Judge O Donnabhain to dismiss both claims".

Mr Smyth said Aviva's policy holder was uninjured but found the whole experience very distressing.

"To date we have had three court outings with all witnesses - including our 70+ year-old customer - attending the Circuit Court on two occasions and other key witnesses on stand-by for the appeal.

"Aviva will continue to robustly defend these types of claims and I hope we have no further appeals."

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