Five personal injuries claims against driver withdrawn prior to dismissal of sixth
Personal injuries claims for €360,000 had been brought against Allianz-insured driver
Photograph: Alan Betson / THE IRISH TIMES
Five personal injury claims for a total of €300,000 were withdrawn prior to the dismissal of a sixth claim, for €60,000, against an Allianz insured driver.
Each of the six had each sued Pauline Kavanagh, who had addresses at Clonmore, Ballingar, Tullamore, Co Offaly, Rhyl in Wales and in Manchester, and whose car, during a period of residence in Ireland, rear-ended another vehicle.
Personal injury claims for €60,000 each had been brought against her and Allianz by Lisa Kavanagh (31) and Martin Kavanagh (43) both with addresses in Heyscroft Road, Withington, Manchester, as well as Sinead Kelly (43) and Patrick Geoghegan, both with addresses at Corballis Demesne, Ashbourne Road, Ratoath, Co Meath, and John Jason McDonagh (38) of Church View, Tullamore.
The claims by all five were withdrawn prior to the hearing of the sixth claim by Judge Mary O’Malley Costello in the Circuit Civil Court. Judge O’Malley Costello dismissed the sixth claim of Peter O’Connell (47) Cherry Orchard, Ballyfermot, Dublin 10.
All six had claimed they had been injured in a rear-ending accident on the Ashbourne to Dublin Road on September 23rd, 2014.
Barrister John Martin, who appeared with John Carroll of Crowley Millar Solicitors, for Allianz and Pauline Kavanagh, led a detailed cross-examination of Peter O’Connell about how, where and when the accident had occurred.
Judge O’Malley Costello, dismissing O’Connell’s claim with costs in favour of Allianz Ireland, said he had not been able to recall a lot. He had a number of medical issues which he had not clarified in his evidence about what she described as a minimal impact collision.
The judge said his injuries had not been supported by the medical evidence before the court. No orders were made in the five cases which had earlier been withdrawn.