Posted: May 14th, 2011
A woman who was seeking €410,000 in damages for loss of earnings arising from a whiplash injury has had her compensation claim dismissed due to misleading evidence.
Mr Justice John Quirke heard that Mary Farrell of Finglas South, County Dublin was involved in a car accident with a bus belonging to Dublin Bus on June 14th 2004 at the junction of North Circular Road and Dorset Street.
Despite Ms Farrell’s claims that she had sustained a serious whiplash injury Dublin Bus provided the court with videos of Ms. Farrell mowing the grass and emptying the grass box over a wall, repeatedly raising her arm in the process.
Evidence of a comfortable lifestyle, including expensive cars and foreign holidays was also provided which was inconsistent with Ms Farrell’s claims that she had suffered a substantial loss of earnings.
Under the provision of the Civil Liability and Courts Act 2004 that allows for the dismissal of claims where a judge considers a claimant gave material misleading evidence to increase their compensation claim or in support of a false claim, the compensation claim was dismissed due to misleading evidence by Mr Justice Quirke.