Faulkner v Maguire

Cork Circuit Court, 16th February 2018, Berkeley J

Christopher Faulkner v Martin Maguire and Julie Morey, Cork Circuit, Unrep.

Daly Derham Donnelly solicitors for the plaintiff

MDM solicitors for the defendants

Background

This was a claim before the circuit court by the plaintiff, Christopher Faulkner, arising from a road traffic accident on the 22nd August 2014 in Mahon, Cork. The plaintiff was a passenger in a car driven by the first named defendant which was rear-ended by the second named defendant, Martin Maguire and Julie Morey respectively.

Outcome

The plaintiff’s recollection of the circumstances of the accident differed greatly from the evidence given by the second named defendant. The second named defendant alleges that she was stopped at a junction behind the first named defendant, when the first named defendant reversed into her. Evidence was also given by the Garda who attended the scene after the accident.

Under cross examination gaps appeared between the evidence given by the plaintiff and what he told various doctors when he attended with them. Differences appeared in the Plaintiff’s evidence regarding what injuries he suffered, and for how long he had been treated for same. In particular, unanswered questions arose regarding Mr Faulkner’s use of prescription drugs. Under cross examination it also transpired that the plaintiff had failed to disclose a previous accident. When this was put to the plaintiff he said the reason he had failed to mention it was because he was a minor at the time, but he later accepted that although he had difficulty recalling same the accident happened when he was either 17 or 18 years of age (the Plaintiff is now aged 21). Counsel for the defendants noted that not only were the plaintiff and the first named defendants friends, but they were also family.

Owing to the plaintiff’s inconsistent evidence the plaintiff’s claim was dismissed, with costs awarded against him.

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