‘I’m not happy he was hurt’ – Taxi driver has dismissed €60,000 damages claim

A €60,000 personal injury claim brought by a Dublin taxi driver was dismissed after Circuit Civil Court Judge Sarah Berkeley told him she was not satisfied that he had fully disclosed his medical history.

Rian Rooney, 61, of Balclare Avenue, Poppintree, Dublin, told the court he was the victim of a driver’s accident in October 2016 and suffered back pain as a result of his daughter Lauren’s car, which he was driving, in a forward collision at the time” pushed”.

Rooney, who said he gave up chasing the hit and run driver on the advice of his wife Martina, who was in the car with him, told defense attorney Barry Finlay that none of the three passengers in the car with him were injured or brought an action for damages due to personal injury.

The court heard that his wife, daughter and another passenger, Deborah Doyle, of Elmfield, Clare Hall, Dublin, were in the car when it was run over by a Thomas Keating, of Fairview Strand, Dublin, at a set of traffic lights near the shopping centre Clare Hall, who had been sued along with the Motor Insurers Bureau of Ireland, which represents uninsured drivers.

Mr Finlay, acting with Stephen MacKenzie Solicitors for the two defendants and FBD Insurance, told Judge Berkeley that a minimal impact defense had been filed on behalf of the defendants, in a case that allegedly resulted in only €420 in damage to the Rooneys Automobile.

Mr Finlay said Mr Rooney was involved in four accidents involving personal injury and also made 10 other property claims only against his insurers. He said he will address the issue that Mr Rooney failed to fully disclose to doctors previous lower back injuries in two out of three of those accidents.

Defense attorneys told Judge Berkeley the case would be decided based on whether the court was satisfied with Mr. Rooney’s credibility.

Rooney said the vehicle that hit his daughter’s car reversed and “drives away” from the scene. He had given chase for a short distance but gave up on the grounds that it might not have been the safest course of action and his wife had suggested it wasn’t worth the risk.

He told Mr Finlay he had told doctors about his lower back pain in one accident but had not been asked about lower back pain in any of the other accidents and had not mentioned it. He had previously billed three personal accidents at 9,840 euros; €12,000 and €9,000 respectively.

Judge Berkeley, who dismissed Rooney’s lawsuit and awarded him costs, said he appeared to be a man with an unfortunate accident record and she accepted that the accident complained of had a very mild impact.

“A few days later, while walking the dog, he developed some type of back pain and had gone to his doctor,” the judge said.

Judge Berkeley said she was not satisfied that Rooney fully disclosed his medical history to doctors and that the court did not accept that the implications involved could have caused the extent of the injuries he complained about.

“I’m not happy he got hurt,” she told Mr Finlay.

https://www.independent.ie/irish-news/courts/i-am-not-satisfied-he-was-injured-taxi-driver-has-60000-injuries-claim-dismissed-41858095.html ‘I’m not happy he was hurt’ – Taxi driver has dismissed €60,000 damages claim

Fry Electronics Team

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