A WOMAN has withdrawn her action for damages over a back injury allegedly suffered as a result of a car crash, after the High Court was shown a private detective's video footage of her swimming, dancing and jumping on holidays.
Natasha Kelly (22), Moystown, Shannon Harbour, Offaly, claimed the injury suffered in 2003 meant that, to this day, she could only stand for 30 minutes. As a result, she had been unable to pursue her chosen career as a dental nurse.
She claimed she could not wear high heels, slept badly, had severely limited physical activity and found swimming difficult.
However, in video footage of her while she was on holidays in Kusadasi, Turkey, she jumped into a swimming pool, mounted an inflatable bed in the pool, and danced at a disco, in high heels.
Ms Kelly brought the action arising from her having been a passenger in a car driven by her sister Leoni, which was in an incident on the Roscommon Road, Athlone, on December 8th, 2003. She alleged the driver of the other car, Alan Rohan, Cypress Gardens, Athlone, Westmeath, drove into the right side of the car, causing her severe personal injury.
In her claim, she said she went to London to train as a dental nurse in 2005. She claimed that she missed work due to the pain. She returned to Ireland in 2007.
In January 2008, a doctor noted she complained of "constant knife-like pain" in her lumbar spine. She found work in a Galway dental practice this year but had to give this up due to pain, it was claimed.
Last Friday the video was shown as part of her cross-examination by Conor Devally SC, counsel for Mr Rohan. Ms Kelly denied she exaggerated her problems. "That was on my good day, I was probably on high medication with alcohol as well. In Kusadasi, you go out and come in at 10 or 11 in the morning with a high intake of alcohol." When Mr Devally put it to her she had been lying "and are still lying", she said: "I am not . . . Why did I take medication if I did not have problems?"
Asked by Ms Justice Maureen Clark if she thought those who put her on a waiting list for physiotherapy would feel they were "wasting their time" if they saw the video, Ms Kelly did not reply.
The case was adjourned until yesterday when, after Ms Justice Clark suggested that Ms Kelly consider her position, the court heard the action was being withdrawn.