Five personal injury claims abandoned after evidence challenged
Claimants had suffered injuries after alleged rear-ending
All five palintiffs claimed they had suffered injuries when David Joyce’s car was allegedly rear-ended at a T-junction while they travelled a back road from Ashbourne to Swords on 13th June, 2009.
Five personal injury claims were abandoned in the Circuit Court on Thursday following evidence from one of the claimants.
David Joyce (34) dropped his €38,000 claim following questioning by John Martin, counsel for Liberty Insurance. Co-claimants Wayne (32), Marie (31), and Tracy Joyce (36), all of Wotton Bridge, The Ward, Ashbourne Co Meath, and Roseann Joyce (29), of Morgan’s Place, Blanchardstown, Dublin also withdrew their claims.
All had claimed they had suffered injuries when David Joyce’s car was allegedly rear-ended at a T-junction while they travelled a back road from Ashbourne to Swords on 13th June, 2009.
They had brought claims against motorist Mihail Creciun, of Abbeywood Avenue, Lucan, Co Dublin, a customer of Liberty Insurance. Injuries alleged included whiplash. Tracy Joyce, who was two months pregnant at the time, had been placed on a back slab after a door of the car had been cut off to release her, the court heard.
Their recovery for damages was curtailed to €38,000 each under the court’s jurisdiction.
Mr Martin queried the June 13th date of the incident and asked if it might have been on July 13th, as some passengers had stated in their claims.
David Joyce, a vehicle recovery driver and owner and driver of the two-year-old BMW car in which all of the claimants were travelling, was unable to recall but he thought it could have been July.
“And what time did this accident happen at?” Mr Martin asked.
Mr Joyce said it was about 9:30pm. He could not recall if he had told his doctor it happened at eight o’clock. On further questioning he said it was dark at the time but not pitch black.
“Dark but not pitch black at nine thirty on an evening only a few weeks from Mid-Summer’s day?” Mr Martin asked.
Mr Joyce said it was certainly dark by the time the whole thing was over. He remembered it was about half nine when he got out of his car and immediately called the emergency services.
“Two ambulances, two fire engines and the gardaí turned up,” Mr Martin said. “A witness from the fire service will tell this court they received your alarm call at 10:40pm.”
“Okay,” Mr Joyce replied. He said he and his four passengers were heading for Eddie Rockets in Swords at that time “because of hunger”.
He told Circuit Court President Mr Justice Raymond Groarke his car had been badly damaged. When told that expert motor assessor Mark Nangle would tell the court there were no marks on either of the two cars to indicate even the slightest collision, Joyce said: “My car was undriveable.”
Following an application by Mr Martin, the four other complainants were directed by the judge to wait outside the court while Mr Joyce gave evidence.
After lunch, the judge was told all five plaintiffs were withdrawing their claims on the understanding no order for costs would be made against them. David Joyce was the only claimant to give evidence.