A lorry driver has withdrawn a €60,000 personal injuries claim after admitting in the Circuit Civil Court that he continued to drive for his employer after being banned from the roads.
Peter Conway (57) made the admission while under cross-examination by barrister Shane English, who appeared for Landbridge Limited, Cork, which has its registered office in Dublin.
Mr Conway, of Churchfield Avenue, Churchfield, Cork, withdrew his damages claim minutes after answering “Yes” when asked by Mr English if he had continued driving for his former employer while he had a driving ban.
Judge Pauline Codd adjourned the personal injuries hearing when Mr Conway admitted his failure to inform the company that he had lost his licence. Following brief talks with his legal team, Mr Conway withdrew his claim.
He had earlier told the court that on January 18th, 2013 he had travelled to Thurles to make a delivery and had to use an electric pallet truck for unloading purposes. He injured his neck and back during the process.
Loss of earnings
Mr English, who appeared with Kieran McIntyre of Hayes McGrath Solicitors for Landbridge, told Mr Conway the defendant company had been told Mr Conway had not worked since the accident and was making a claim for loss of earnings.
Mr Conway said he assisted his nephew on deliveries for Fastway Couriers but was not employed by the firm. He said he was drawing benefits but was allowed to work 19 hours a week.
Mr English told him he had drawn benefits worth €55,327 because he had been registered as disabled and had given the court the impression the injuries were going to affect him for the rest of his life.
Mr Conway said he was unable to give a definite date for when he had begun working for his nephew, who was paying him in cash. He believed he started in October 2016 and worked one day a week.
“You were banned from driving but you continued to drive and you did not tell Landbridge,” Mr English said.
When Conway answered “Yes” Mr English told Judge Codd he had an application to make to the court.
After a brief adjournment the judge was told Mr Conway was withdrawing his case on the basis no order for costs would be sought against him.