Nolan v Mitchell & O’Neill

[2012] IEHC 151 - Smyth J.

Plaintiff found to have given false evidence in relation to the extent of his ongoing complaints, his ability to work and in his claim for loss of earnings. 

Facts

The Plaintiff's claim arose out of a road traffic accident which occurred on the 17th November 2005. The Plaintiff sustained injuries when his motorcycle collided with the Defendant's motor vehicle. Liability was apportioned between the parties – 60% attaching to the Defendant and 40% attaching to the Plaintiff.  As part of his claim, the Plaintiff alleged that he was unable to return to his work as an alarm fitter and that he would have difficulty in engaging in any work which involved heavy lifting, prolonged standing, squatting or kneeling.  The Plaintiff's claim for loss of earnings into the future was estimated at approximately €450,000 and was based on a pre-accident earning figure of €500 per week.