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Saturday 14 December 2019

'Low-impact' taxi crash claimants face €100,000 court costs

Claimant Antoinette Mullen. Photo: Collins Courts
Claimant Antoinette Mullen. Photo: Collins Courts

Four passengers who claimed to have been injured in a "low-impact accident'' near Blanchardstown Centre have each had their €60,000 damages claim thrown out with costs against them.

Now, instead of collecting potential awards totalling €240,000, Antoinette Mullen (67), sons Daniel and Damian Fahy, and daughter Lindsay Fahy, all of Fortlawn Drive, Moat View, Clonsilla, Dublin, face costs of up to €25,000 each.

Barrister Tom Clarke had challenged all four on behalf of their taxi driver about the extent of their alleged injuries arising from the low-impact collision on a roundabout.

The claimants told Judge John O'Connor they had decided to take a taxi home from the rank outside the Blanchardstown Centre.

They denied knowing about another car allegedly having been driven up and down the side of the rank until they had got inside the taxi.

Contradictory

They also denied one of the four making a phone call just before they got into their taxi.

It was alleged the car then ran into the back of the taxi on the roundabout.

The judge, dismissing all of their cases, said it was important to stress no one was on trial in the criminal court sense of a case.

He said Ms Mullen gave contradictory evidence about her injuries and said she had not suffered any injury because of the accident in November 2015.

Judge O'Connor said that in relation to Damien Fahy, the court was satisfied that he had not been truthful and had not suffered any injury.

Daniel Fahy's evidence had been evasive and the court did not go any further than stating that he had not suffered any injury.

The judge added that he was also satisfied Ms Fahy had not suffered any injury and he accepted the evidence given by taxi driver James Slattery as having been truthful.

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