A 33-year-old fitness trainer who claimed she injured her back in a fall at a mall posted pictures online of herself engaging in extreme physical activity after the incident, a judge heard today.
Circuit Civil Court Judge Sarah Berkeley dismissed Kimberly Hynes’ €60,000 personal injury claim against the owner of Nutgrove Shopping Center in Rathfarnham, where she said she slipped on a wet stair case and fell down three steps.
“I don’t think her GP knew she was involved in these activities, and based on medical evidence from her own doctor, she exaggerated her injuries in court,” Judge Berkeley said. She threw out Hynes’ case and awarded her the legal costs.
Judge Berkeley said that what was in a medical report by Dr. Yvonne Rafter appeared, inconsistent with the activities Ms Hynes posted on her Instagram account, which she had confirmed as evidence during cross-examination.
The court was shown pictures and videos of Ms Hynes from Instagram showing her exercising on a trampoline, standing jump on hoops and taking walks at Hell Fire Club and Bray Head, among other things.
Hynes, of Mountainview Drive, Rathfarnham, Dublin 14, told the court that in January 2016 she was walking down wet steps to the Nutgrove shopping center car park, where she worked as a fitness instructor, when she fell.
She had been shocked and embarrassed and felt pain in her lower back and elbows. When the pain worsened, she went to her doctor 10 days later and was referred for an X-ray. She had undergone a series of physical therapy sessions and after a few months had to give up her job as a fitness trainer and work as a secretary for a year before returning to her work as a sports trainer.
Ms Hynes said she had always been very fit and was engaged in the hobbies described to the court from her Instagram account before the accident. In addition to physical therapy, she was advised to play sports.
It was suggested on behalf of defendants Hurley Property Icav that the extreme activities she had engaged in were incompatible with someone suffering from back pain. Ms Hynes said she still works as a fitness trainer now.
https://www.independent.ie/irish-news/courts/judge-throws-out-fitness-instructors-60k-fall-claim-after-seeing-extreme-physical-activity-snaps-on-instagram-41865511.html Judge dismisses fitness trainer’s €60,000 fall claim after seeing snaps of ‘extreme physical activity’ on Instagram