A garda who claimed his back and legs had been injured in a traffic crash overlooked telling a judge that he had afterwards climbed four of Ireland’s highest peaks: Carrauntoohil in Munster, Lugnaquilla in Leinster, Slieve Donard in Ulster and Mweelrea in Connacht.
Immediately after Judge Sarah Berkeley heard in the Circuit Civil Court that Garda Sean Daly, of Curkish, Bailieborough, Co Cavan, had achieved the impressive climbs in a single weekend, she rose to allow his legal team to discuss the future of his €60,000 damages claim with defence barrister Shane English.
Mr Daly (42), who claimed he had been injured while participating in a Garda driving programme, sued Garda Commissioner Drew Harris, his colleague who had been driving an unmarked garda car, the Minister for Justice Jim O’Callaghan and Hyundai Cars Ireland, the manufacturer of the vehicle that struck and skidded 100 metres along a ditch in Co Tipperary seven years ago.
When the court resumed on Thursday after the brief adjournment and talks between the parties, Mr Daly’s barrister told Judge Berkeley he had received instructions from his client to withdraw his claim.
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Mr Daly’s claim collapsed during cross-examination by Mr English, who, with Hayley Tarmey of Ennis Solicitors, was representing all four defendants. Mr Daly told Mr English he had been struggling to get back to soccer, running, walking and gym work for months after the crash.
He said he had not attended his doctor until February 9th 2018, a year and five months after the October 2016 crash and had difficulty remembering if he had attended his solicitor before or on the same day he had gone to his doctor. Mr English reminded him he had signed an Injuries Board claim form and attended his doctor on the same day.
Approaching the closure of his cross-examination, Mr English asked Mr Daly if he had engaged in any other physical activities shortly after his crash and when he told several times he had not, counsel asked him to think carefully and reminded him he was giving his evidence on oath.
When Mr Daly finally stated he had not participated in any other activities, Mr English asked him again if there was anything else that might be escaping his memory as to what he may or may not have done and when Mr Daly said not that he could think of anything, Mr English asked him: “Have you heard of the Four Peaks?”
Mr Daly agreed he knew of them and also agreed the climbs lasted between four and seven hours. He had done the climbs but could not remember when.
“And you climbed all four of them in the one weekend did you not?” Mr English asked. Mr Daly agreed but disagreed with counsel that one would have to be “pretty fit” to walk the four highest peaks in Ireland in one weekend.
“And you climbed them in May 2017, seven months after this accident and before you went to your doctor,” Mr English said. “Why would you tell this court ‘I can’t do this and that and I’m trying to get back to doing this and that’ without telling the court that you had climbed four of the highest peaks in Ireland?”
When Mr Daly told the court he had not remembered when he had climbed the four highest peaks, Mr English said: “It is not credible and I am surprised, to say the least, that you hold a very responsible role and I think you should have told us that.”
Judge Berkeley rose and went to her chambers while the two parties talked outside court. Mr Daly pulled his case within minutes.
