Two brothers, who claimed they suffered neck and back injuries in a car accident, have had both their €60,000 damages claims dismissed after a judge told them their evidence did not match up.
Judge John O' Connor heard in the Circuit Civil Court on Wednesday that Trevor and Keith Daly, both of Forest Hills, Rathcoole, Co Dublin, had been travelling along Dorset Street, Dublin 1, in October 2015, when they had been struck by a taxi driven by Famous Oboh of The Crescents, Highlands, Drogheda.
The court was told by Trevor Daly that his vehicle had been struck on the left hand passenger side where his brother Keith had been sitting. Trevor Daly said he had been thrown around following the impact and had suffered with neck and back pain for a number of years as a result.
Barrister Adrianne Fields, for the taxi driver, questioned Trevor Daly about his brother’s injuries and asked him if he had remembered his brother blacking out or vomiting after the crash. Trevor Daly said he did not recall this happening.
Ms Fields later questioned Keith Daly over whether he had blacked out after the accident. He told her he remembered having felt lightheaded after the crash and that he had sat down on the side of the road where he passed out before getting sick.
Ms Fields questioned Keith Daly as to why he had not mentioned the fact he had blacked out and vomited to any of the doctors he had visited following the accident. He told her he did not know but that he remembered blacking out after the crash.
Keith Daly told the court he had been on his way to a house party when the crash had occurred and he had gone there after the accident had happened. He said he had only stayed an hour at the party as he had been shaken by the incident.
Judge O’ Connor heard from Keith Daly that apart from blacking out after the accident he had also suffered pain in his neck and shoulder. He had gone to St James’s Hospital three days after the crash and had been placed in a neck brace for two weeks.
He said he had suffered with shooting pains in his neck and back and numbness in his legs for almost two years following the crash. He had taken painkillers and carried out exercises to help with his pain.
Ms Fields said she found it strange that Trevor Daly had not noticed his brother passing out on the side of the road and that neither of them had ever discussed it.
Judge O’ Connor dismissed both cases on the grounds that the brothers’ evidence in court did not match the claims in their pleadings and medical reports.