A HIGH court judge has expressed concern that insurance company Quinn Direct had alleged fraud by a paraplegic man in his conduct of legal proceedings over his injuries when, the judge said, the company had no evidence to sustain those claims.
Mr Justice John Quirke made the remark after Quinn Direct yesterday withdrew claims that John Deegan sustained his injuries in a fall from a third-storey balcony in Ballymun flats and not as a result of a car crash.
The judge said it was a “very serious” matter that such grave allegations were made in open court by a “well-resourced company” when there was no evidence to support them and the company possessed a Garda report stating there was no such evidence.
Des O’Neill SC, for Quinn Direct, said the company now accepted the injuries sustained by Mr Deegan could not have resulted from a balcony fall. The company has withdrawn all claims of fraud in the case but is also insisting Mr Deegan must fully prove all facts of the road crash.
It is also contending some of his injuries may have resulted from his being pulled from the car and being left in a water-logged field.
Mr Justice Quirke said he would not permit the company to allege fraud without providing specific particulars of that claim, nor would he allow the company to reserve its position to see what emerged from the evidence.
Mr Deegan (45), Fortlawn Park, Clonsilla, is paraplegic, has only partial use of one hand and has a range of other severe injuries requiring full-time care, the court heard. He claims those injuries were sustained after the car in which he was a passenger went out of control on St Margaret’s Road, Ballymun, on November 5th, 2001.
It is claimed the car driver, Glenn Millar, and two other men said to be travelling as passengers in the car, panicked and, fearing it would go on fire, pulled a seriously injured Mr Deegan from the car into the water-logged field.
It is claimed he was left there, in what his niece described as a burst sewer, while help was sought from relatives of Mr Deegan in nearby flats. He was later brought by relatives in a car to his sister’s apartment from where an ambulance took him to hospital.
His counsel, David Nolan SC, said Mr Deegan had horrific injuries, was wet, incontinent and covered with dirt. He spent a month in the hospital intensive care unit and almost died. He is now incapable of independent living.
Mr Deegan, said by his counsel to have a chequered work history after leaving school at 14 and to be living in “truly awful” conditions with his wife Rose and five children in a council house, has brought his proceedings against Mr Millar, Wellview Avenue, Blanchardstown, the driver and owner of the car involved in the crash, and against Quinn Direct, insurers of Mr Millar.
Mr Millar acknowledges he was the driver of the car in question and that a crash occurred and pleads he is entitled to be fully indemnified by Quinn Direct.
In his opening of the case yesterday, Mr Nolan said his client is seeking aggravated and exemplary damages against Quinn Direct arising from its now withdrawn allegations of fraud. He said his side had just received a crucial document from Quinn Direct, dated July 2005, in which a garda said he saw a burned-out Renault Clio at the scene, that he was satisfied an accident had occurred and that there was no evidence that Mr Deegan’s injuries resulted from a fall.
The action continues.
