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Saturday 18 November 2017

Mum in crash injuries case denies working out at gym

Lyndsey Gervin pictured leaving the Four Courts after giving evidence in a personal injuries action for damages
Lyndsey Gervin pictured leaving the Four Courts after giving evidence in a personal injuries action for damages

A woman suing over injuries to her neck and back after a rear-ending incident has denied in the High Court that entries on her Facebook page meant she had worked out in the gym since the accident, despite testifying she had not.

Mother-of-two Lyndsey Gervin (33), from Coalisland, Co Tyrone, is one of nine people who sued for soft tissue injuries arising out of the 2008 accident, when a car allegedly collided with the minibus the group was in on the way to a night out at the dogs in Dundalk.

They claim the car left the scene immediately and no one got its registration.

The nine, including the driver, brought a claim for injuries against the Motor Insurers Bureau of Ireland (MIBI), which denies their claims.

After seven of them were awarded compensation of between €3,000 and €8,500 in the Circuit Court, the MIBI appealed to the High Court. The two who were not successful cross-appealed.

On the first day of the appeal, Ms Gervin told her own counsel, Patrick McCann, she had to "do away" with going to the gym after the accident.

When the case resumed yesterday, Jonathan Kilfeather, for the MIBI, asked that Ms Gervin be recalled as certain information about her had been learned overnight from her Facebook page.

Excited

Mr Kilfeather put it to her that an entry she made in January 2014 stating "am actually too excited about going back to workout Defo Gona b good an stick at it this time..." meant she had been at the gym since the accident.

Ms Gervin, who was among the seven successful plaintiffs in the Circuit Court, said she was trying to advertise her partner's gym among her friends.

The case resumes next week.

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