A judge has told a 37-year-old Co Dublin fruit farm supervisor that he believes a rear-ending accident he was involved in was staged.
Throwing out a €60,000 damages claim, Judge James McCourt said said Kamil Losik may not have been one of an inner circle of people involved in staging accidents but knew, or ought to have known, that the crash in which he claimed he was injured was staged.
“There was an outer ring of people known to each other, at least loosely, through their geographical location in north Co Dublin or through their background or through their places of work,” Judge McCourt said in the Circuit Civil Court.
After Mr Losik’s claim was dismissed, three other Polish men who were passengers in his car – Artur Kozlowski, Bartlomiej Wawrzyniak and Tomasz Szczepanski, all with addresses in Swords – withdrew claims for damages totalling €180,000. Their cases were not heard and no findings, apart from noting the withdrawal of their cases, were made against them.
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The four men had sued National Retrofit & Construction Services Limited of Laraghcon, Lucan, Co Dublin; one of its then drivers, Damien McEvoy, of Kilmore, Enfield, Co Meath, and the Motor Insurers’ Bureau of Ireland. The firm claimed Mr McEvoy, at the time of the accident, was not authorised to drive its van while doing a delivery job for a friend.
Barrister Paul McMorrow, who appeared with David Culleton of Mason Hayes and Curran Solicitors for the company and the bureau, successfully applied for Mr Losik’s passengers to remain outside the court while his case was being dealt with. Judge McCourt directed that they surrender their phones to their solicitors.
Mr McMorrow said Mr McEvoy had not chosen to participate in the case and was not represented. A defence, alleging that the accident had been staged, had been entered on behalf of Zurich Insurance Plc, insurers of the van.
Mr Losik, of Cianlea, Swords, claimed the van rear-ended his car at Applewood Village Green roundabout at Broadmeadow, Swords in February 2017. Dismissing his claim, the judge said his historical recollection had been evasive and any admissions secured were slow in coming.
“I am of the view (the accident) was staged and that Mr Losik knew or ought to have known that it was,” Judge McCourt said as he made an order for costs against Mr Losik. “He is an unreliable witness and I don’t believe him.”
When Mr McMorrow asked for a costs order against Mr McEvoy, Judge McCourt said there was no reality in it.
“You have done a good job for your clients,” the judge said.