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“I don’t go about claiming off bodies for nothing. If you get hurted, you get hurted,” Gerry McDonagh said at Ennis Circuit Court.



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Mr McDonagh was giving affirmation apropos his latest advantage claim, for declared injuries in a 2012 alley cartage blow adjoin a again 19-year-old driver.



The affirmation was absolved by Judge Gerald Keys.



Judge Keys begin that the beginning had not been accomplished to prove the disciplinarian of the added car, Niamh Kitson, was in any way behindhand in causing the accident, at the access to a petrol base on Lahinch Road, Ennis, on August 10, 2012.

Fall

The cloister heard affirmation that the August 2012 blast was one of 10 alley cartage accidents Mr McDonagh had been complex in – including six aback 2012.

In affiliation to four abstracted acknowledged advantage claims, Mr McDonagh, of Fanningstown, Fedamore, Co Limerick, has accustomed accumulated advantage awards of €40,700 apropos two of the alley cartage accidents, one cruise and abatement in 2008 and addition area he fell bottomward the stairs of his bounded ascendancy abode in Limerick 25 years ago.

Counsel for Ms Kitson, Siobhan Gallagher BL, told the cloister that the August 2012 blast in Ennis followed Mr McDonagh actuality complex in a alley cartage blow in July 2012 and addition blast in May 2012.

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Ms Gallagher said that Mr McDonagh had additionally been complex in added alley cartage accidents in October 2015, November 2016 and June 2017.

She said Mr McDonagh had additionally been complex in a cardinal of avalanche – he fell 6ft off a ladder in May 2013 and had addition abatement in August 2013.

“There was an adventure with a admirer on a baptize slide, who fell bottomward on top of you and you abiding injuries,” Ms Gallagher said.

Mr McDonagh replied: “I didn’t put in claims.”

He said that his aboriginal blow was in a association abode in Limerick and he accustomed €14,000 for that.

Mr McDonagh said that 35 years ago he was agape off his motorbike.

“I never got any money out of that – my mother did. I never got anything,” he added.

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In 2001, Mr McDonagh accustomed €5,000 from a alley cartage blow and a added €11,000 from Limerick County Council as a aftereffect of aback injuries abiding afterwards a cruise and abatement in 2007.

Ms Gallagher said that Mr McDonagh accustomed a added €10,700 from a alley cartage blow in 2008.

Pressed by Ms Gallagher as to whether there were any added accidents amid 2008 and 2012, Mr McDonagh said: “It’s like actuality in academy with a abecedary giving out to me.”

Ms Gallagher said that Mr McDonagh did not accomplish a advantage affirmation from the May 2012 blast but added associates of his ancestors did.

“I accept had aback affliction for years from the accidents I accept had,” Mr McDonagh said.

“The aback affliction will never go away. I will be on Lyrica for the blow of my activity and I will be on tablets for the blow of my life.

“I was never anytime answerable with alarming active or annihilation like that. I consistently biking with allowance and tax on my car.”

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Mr McDonagh told the cloister that he aggravated the aback affliction he abiding as a aftereffect of his July 2012 blast in the August 2012 incident.

Minor

In evidence, Ms Kitson said that Mr McDonagh comatose into her anchored car at the avenue of the petrol station, contradicting Mr McDonagh’s affirmation that Ms Kitson collection into his car.

Asked to call the impact, Ms Kitson said: “It was like a crosswind on a motorway. I could almost feel it.”

The estimated amount of the blow to Ms Kitson’s car was €579 and the estimated amount of blow to Mr McDonagh’s was €1,166. An able told the cloister that both cars abiding “light impact” from the accident.

Ms Kitson told the cloister that the blow was so accessory to her car she never agitated out any aliment on it.

In evidence, Mr McDonagh said: “I never said it was a massive accident.

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“The injuries I got in the car blow with that adult [Ms Kitson] were annihilation compared to the injuries I got from added accidents. It aggravates my affliction a little bit but I wouldn’t put it bottomward as major”.

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Last Updated: November 24th, 2018 by admin2
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