Olabode Cole v Fima Developments Ltd and Michael Behan    

Olabode Cole v Fima Developments Ltd and Michael Behan    

The Plaintiff in this case was seeking damages of up to €60,000 arising from a Road Traffic Accident on the 22nd of March 2019, near Heuston Station.  The Defendant’s Insurer, Zurich instructed MDM Solicitors and Frederick Gilligan BL to full defend the matter.

The accident occurred at the traffic lights outside of Heuston Station, directly before the Luas line.  The Plaintiff alleged that the Defendant collided with his vehicle, thereby causing him to suffer a soft tissue injury to his lower back.  In addition, the Plaintiff claimed that he now suffered from nervousness, anxiety, sleep disturbance, and a soft tissue injury to his left knee.

The Plaintiff claimed that while stopped at the traffic lights, in the bus lane, that the Defendant attempted to cross into the left lane and drove into the rear of the Plaintiff’s vehicle.  While originally, an independent witness was willing to cooperate with the Plaintiff’s version of events, he did not give evidence at the hearing of the action.

It was the Defendant’s case that the Plaintiff’s vehicle was travelling in the bus lane, and when the traffic lights turned green, the Plaintiff tried to squeeze in front of the Defendant and entered the Defendant’s Lane.  During cross examination the Plaintiff admitted, that he had at the time been driving for 13 months and had failed his driving test on two occasions.

Ultimately, the Honorable Judge Ní Chúlacháin did not find for the Plaintiff and therefore, dismissed the Plaintiff’s case with costs to the Defendant.

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