Man’s action over Dublin road collision is adjourned

Court previously heard Victor Olaru deny allegations he was involved in ‘massive fraud’

Viktor Olaru pictured leaving the Four Courts on Thursday.  Photograph: Collins Courts
Viktor Olaru pictured leaving the Four Courts on Thursday. Photograph: Collins Courts

A damages action by a man over a collision at a roundabout in Clonsilla has been adjourned by the High Court to next month to allow him call evidence from an orthopaedic surgeon and a GP.

Victor Olaru, a native of Moldova with an address in Clonsilla, says he had suffered damage to his body, including back injuries and a swollen testicle, as a result of the collision on April 9th, 2009 between his SUV and another vehicle.

He has sued Yagoslav Bogoysky, of Moyglass Road, Lucan, the alleged driver of the other vehicle, and the Motor Insurance Bureau of Ireland.

Mr Bogoysky is unrepresented and the insurer Aviva is running the defence of the MIBI.

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Mr Olaru has denied suggestions he is involved in a “massive fraud” and was not even in his car at the time it was hit by the other vehicle, whose driver allegedly left the scene.

During cross-examination earlier this week, David Nolan SC, with Paul O’Neill, for the MIBI, said hospital records do not support Mr Olaru’s claim to have been injured in a collision between vehicles.The court herrd they showed no evidence of bruising, glass cuts or injuries consistent with the seatbelt Mr Olaru claimed to have been wearing at the time.

Mr Olaru reiterated he had suffered injuries.

On Thursday, Mr Justice Bernard Barton heard brief medical evidence, including that Mr Olaru had had 20 sessions of physiotherapy and had also attended mental health services between 2012 and 2015 for a mild depressive illness.

Hospital records of his admission after the accident indicated he was conscious on admission and there was no palpable head injury but there was a query whether he had a rib fracture and he was kept in hospital for a number of days, the judge also heard.

After Mr Olaru, representing himself with assistance of a McKenzie friend — a person who can assist a lay litigant but is not a qualified lawyer — said he wanted to have two doctors give evidence, the judge adjourned the case to November 22nd.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times