A taxi driver who said he thought he had broken his neck in a rear-ending accident in Dublin has lost a €60,000 damages claim against a Co Down motorist.
Circuit Civil Court Judge Cormac Quinn told Paul Odedele (63) he could not find any link between the incident, which involved impact on the “low scale of minimal”, and him shouting for an ambulance because he believed he had a broken neck.
Judge Quinn told defence barrister Moira Flahive the court accepted the damage to the cars amounted to a hairline crack to the back bumper of Mr Odedele’s taxi and a small crack to the front number plate of the defendant’s car.
Throwing out the personal injuries claim and awarding costs against him, Judge Quinn said Mr Odedele had not even sought an estimate for repairing his taxi after the incident.
Ms Flahive, who appeared with Karen Cahill of DAC Beachcroft Solicitors on behalf of the insurers of Ciara Kennedy, of Edentrillich, Hillsborough, Co Down, told Mr Odedele he had not made a complaint about neck pain during the five hours he spent in Beaumont Hospital’s emergency department after the incident.
Mr Odedele, of Carraig Beag, Drumalee, Co Cavan, said he was sitting in evening traffic near the Santry crossroads on the Swords Road on August 25th, 2017 when his taxi was struck from behind.
Judge Quinn said the severity of the collision was not consistent with Mr Odedele’s claim of a suspected broken neck at the time and his evidence of continuing back and shoulder pain. “He has not established his case and I dismiss his claim with costs to the defendant.”