•   
  •   

IrelandJudge dismisses personal injury claim after evidence showing bus 'tipped' a car at 4mph

09:40  05 june  2019
09:40  05 june  2019 Source:   independent.ie

WATCH: Couple's personal injury claims dismissed after CCTV of 'minor tip' shown in court

WATCH: Couple's personal injury claims dismissed after CCTV of 'minor tip' shown in court A HUSBAND and wife have had their personal injury claims dismissed after CCTV footage of a "minor tip" was shown in court. 

WATCH: Couple's personal injury claims dismissed after CCTV of 'minor tip ' shown in court. Judge Keys said there was a scraping impact between the bus and the car “to such an extent that Passenger Injury Claims After a Car Accident | Nolo. A claim in either of these scenarios would be.

After an accident, you'll need evidence to support any personal injury claim you decide to make. How Physical Evidence Can Help Your Personal Injury Case. Fault for an accident can sometimes Examples include a worn or broken stair that caused a slip and fall, the dent in a car showing where

Judge dismisses personal injury claim after evidence showing bus 'tipped' a car at 4mph © PA Bus Eireann

A judge has told a court that Bus Éireann would have to stop carrying passengers altogether in the morning if a personal injury damages claim by a 77-year-old Limerick man was to succeed.

At Ennis Circuit Court, Judge Gerald Keys made his comment when dismissing the personal injury claim against Bus Eireann by passenger, John Mackessy who claimed that he sustained injuries to his right side and shoulder when a Bus Eireann bus scraped the side of a Toyota Yaris three years ago on the outskirts of Limerick.

The bus was travelling at 2mph to 4mph at the time of impact and the driver of the Toyota Yaris, Aimee Quirke told the court that she paid €150 from her own pocket to repair the ‘tiny bit of paint’ scraped off her car from the ‘slight tip’.

Hotel in swing claim to use CCTV to fight Bailey CCTV claim

Hotel in swing claim to use CCTV to fight Bailey CCTV claim Hotel in swing claim to use CCTV to fight Bailey CCTV claim

Video: Injury Claims After a Car Accident. Police respond to over 6 million car accidents every year Anyone with personal injury protection (PIP) or medical coverage can submit a claim to their own Gather Evidence at the Scene. Reports from Emergency Medical Services (EMS) and police will be

Personal Injury Settlements. If you have been injured in a car accident, you can receive The following information can help you get the most out of your personal injury claim after an accident. Solid evidence makes your claim stronger. You want to prepare as much documentation as possible

In court, retired confectioner, Mr Mackessy said that he is “in constant pain” from the incident at the Westbury estate in June 2016.

Mr Mackessy of Granian, Westbury, Corbally claimed that before the impact with Ms Quirke’s car at around 6.30pm on June 16th 2016 at Westbury outside Limerick city, the Bus Eireann bus he was a passenger on “picked up a fair bit of speed” and mounted a kerb.

However, on board Bus Eireann CCTV footage of the incident that displayed a speedometer on the screen showed in court that the bus slowed down from 22mph on the straight to 2mph to 4mph when making contact with Ms Quirke’s car when turning into the Westbury estate.

Mr Mackessy told the court “I didn’t realise at the time that I was hurt” but when he got home “I felt a pain. It got worse and worse. I had a terrible time with it. I couldn’t sleep that night with the pain.”

Ana Kriegel murder trial: Jurors told they cannot speculate or make up theories about the evidence

Ana Kriegel murder trial: Jurors told they cannot speculate or make up theories about the evidence Ana Kriegel murder trial: Jurors told they cannot speculate or make up theories about the evidence . Mr Justice Paul McDermott said the jury could rely on lies told by the teenagers as evidence of guilt, but only if the prosecution had established, beyond a reasonable doubt, that there was no other innocent explanation. Ana Kriegel The two accused, who were both aged 13 at the time, have pleaded not guilty before the Central Criminal Court to the murder of 14-year-old Ana Kriegel at Glenwood House, Laraghcon, Clonee Road in Lucan on May 14, 2018.

The vast majority of car accident injury claims will be settled out of court where there is strong You do not want it dismissed on a technical error. • Keep receipts of all miscellaneous costs that you How much compensation you can claim for a car accident injury can vary drastically, as with most

Should you file a personal injury lawsuit after an accident or injury , and what can you expect if In this section, we offer tips on how fault is established in an injury case, figuring out how much After an accident, finding and preserving evidence can be the key to a successful personal injury claim .

He said: “You can feel pain but you can’t see it. As I sit here I am some in discomfort with it.”

Counsel for Bus Eireann, Niall O’Driscoll BL told Mr Mackessy that he was exaggerating his claim.

In response, Mr Mackessy said: “I am not exaggerating it. All I know is that I was hurt. I wouldn’t be here otherwise…I have constant pain - that is all I can say. I’m being truthful here in everything I am saying. I’m imagining nothing - I am talking the truth."

Mr O’Driscoll told the court that Mr Mackessy had painted a picture of a ‘runaway’ bus and Mr Mackessy denied this.

Mr O’Driscoll said that video showed “the most minor imperceptible touch on the car”.

In his judgement, Judge Gerald Keys said that the video of the incident “speaks for itself” and dismissed Mr Mackessy’s claim for damages against Bus Eireann and Ms Quirke.

Judge Keys said: “I can observe the speed with which the bus negotiated the bend and all I can is - it wasn’t fast.”

Jury in Ana Kriegel trial to resume deliberations this morning

Jury in Ana Kriegel trial to resume deliberations this morning The jury is expected to continue its deliberations at 10am.

Legal action for compensation for a personal injury can be expensive. You might be able to get help with legal costs from a conditional fee agreement or an insurance policy - many house contents policies, car insurance or travel insurance policies have legal expenses cover attached.

Inside the insurance claims process, and tips on getting the most out of your claim . The success of any claim you may have for monetary damages resulting from bodily injury will depend After a car accident, it can be even more daunting to face the task of providing all the necessary documentation

Judge Keys said that Mr Mackessy alleged that the bus accelerated as it approached the bend “and having observed the video, that is not the case - in fact it slows down and continued to slow down”.

Judge Keys said there was a scraping impact between the bus and the car “to such an extent that there was no damage to the bus and all that was required was a paint repair job to the car”.

He said: “It was an extremely minor contact that was made.”

Judge Keys said that the CCTV footage shows that the bus didn’t mount the kerb.

He said: “I can only come to one conclusion - that the impact between the bus and Aimee Quirke’s car could not have caused Mr Mackessy’s injuries.

Judge Keys said: “I am not saying that Mr Mackessy did not suffer from the injuries complained of. All I am saying is that it is highly unlikely they were caused by the bus on that date.”

On board CCTV footage also showed the reaction of Mr Mackessy and other passengers to the impact and Judge Keys said that there was no deviation of any movements of passengers and Mr Mackessy at the time of impact.

In evidence, Mr Mackessy said that on impact “I went every way for a few seconds, forwards and backwards”.

Ana Kriegel trial: Judge tells jurors to 'exclude sympathy' from deliberations

Ana Kriegel trial: Judge tells jurors to 'exclude sympathy' from deliberations Jurors in the trial of two boys accused of murdering Ana Kriegel have been told to leave their emotions outside the door when they begin their deliberations. Mr Justice Paul McDermott told the jury to exclude normal sympathy and empathy from the decision-making process. The judge has begun giving his charge to the jury. 

Personal Property Damage in an Auto Accident. Your guide to a car accident property damage How do you handle a property damage claim after a car accident? Wondering if you can sue someone for What qualifies as property damage? Property damage is injury or harm to anything other than a

Start studying Evidence . Learn vocabulary, terms and more with flashcards, games and No judges presides over these inquiries and in the federal system neither the potential defendant nor any put time restraints on attorneys □ If evidence is excluded, case may have to be dismissed □ Motions to

Mr Mackessy described Westbury as “a very dangerous estate with a lot of tight turns. it is like a racing track to be honest with you”.

He said: “It was not a slight bang, it was a fairly heavy bang because I got to feel it.”

On the evening, Ms Quirke was on her way to play in a Tag rugby match at the Old Crescent rugby grounds and in evidence, Ms Quirke said that the bus “tipped off my car - I don’t even think the bus driver was aware because the tip was so minor”.

She said: “It was a tip, a scrape. I was out of my car straightaway to tell the bus driver what happened.”

Garda Donal Doohan told the court “that there was a minor scrape to the door of the Toyota Yaris and no visible damage to the bus”.

Mr O’Driscoll applied for Mr Mackessy to pay Bus Eireann's costs but after Mr Mackessy withdrew a separate personal injury action against Bus Eireann concerning a different on bus incident, Mr O’Driscoll told the court that Bus Eireann would not be pursuing Mr Mackessy for the costs of the first case.

MORE NEWS:

Ana Kriegel trial: Boy B's dad says his son 'doesn't respect him' (Independent.ie)

Flood warning for 11 counties (Irish Mirror)

Luas release chilling video showing close calls between trams and public (Irish Mirror)

'Popular' German politician shot dead outside his home (Sky News)

Swing fall TD Maria Bailey says she won't 'bow down to keyboard warriors and bullies'.
Swing fall TD Maria Bailey says she won't 'bow down to keyboard warriors and bullies'

—   Share news in the SOC. Networks
usr: 3
This is interesting!