A honeymoon album, which a newly-wed couple posted on Facebook, proved their downfall when it was used against them to successfully defend their bid to recover €120,000 damages for personal injuries.
Arthur McInerney and MaryMarie McCarthy each withdrew their personal €60,000 damages claims following cross-examination by defence barrister Conor Kearney who produced their honeymoon photos to Judge James O’Donohoe in the Circuit Civil Court.
Mr McInerney (22) of Highfield Meadows, Portlaoise, Co Laois, and Ms McCarthy (21) of Cabra Grove, Holycross Road, Thurles, Co Tipperary, had claimed they were injured when the Bentley limousine taking them to Dublin Airport had been struck by another car on a roundabout near Swords.
The couple told Judge O’Donohoe they had got married on November 11th, 2022, and only hours later were on their way to Dublin Airport when the collision occurred. They had been able to continue their journey and catch their flight to Santa Cruz de Tenerife in the Canary Islands.
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They sued Armands Vilcins, of The Oaks, Rockfield, Dundrum, Dublin 16, whose car had collided with the Bentley, Mr McInerney complaining of a back injury while Ms McCarthy alleged she had injured her forehead which slammed against a rear side window.
Mr Kearney, who appeared with Audrey McGinley of Nathaniel Lacy Solicitors for Vilcins’ insurers, told Judge O’Donohoe that liability had been conceded in the case which was being defended on the basis of a minimal impact collision incapable of causing the injuries complained of.
Both plaintiffs, when confronted with pictures of them apparently fully enjoying their honeymoon on waterslides and a jeep safari, told the court they had used over-the-counter pain killers to help them “make the best of the holiday”.
Mr Kearney, cross-examining them on what they had told doctors after the honeymoon and on medical reports, put it to Ms McCarthy that she had exaggerated her evidence of injury and had been untruthful with her GP. He told Mr McInerney he had not been injured at all in the accident.
Both told the court they had self-medicated in order to make the best of their honeymoon and agreed with Mr Kearney that on return to Ireland they had not attended a doctor for treatment for up to two months after the collision.
When Judge O’Donohoe remarked that from the photo taken on the first night of their honeymoon there was no sign of a mark to her forehead Ms McCarthy said she had covered it up with fake tan. She said she had tried to ignore her difficulties.
Mr Kearney told Mr McInerney he had felt well enough very shortly after returning from honeymoon to have climbed Croagh Patrick, a snapshot of which had also been posted on line.
Counsel for the couple said she had not known of the online photos presented to the court and felt that age would have been a factor in the social media habits of the bride who was only 18 at the time.
Judge O’Donohoe told the couple that social media could be used to trap witnesses and he felt they should consider their position and have their legal team consult Mr Kearney. “I will leave it at that,” Judge O’Donohoe said.
Following a brief adjournment both legal teams returned to court to inform Judge O’Donohoe that the two claims had been withdrawn and could be struck out. Mr Kearney said the defendant was not seeking legal costs against the couple.
