Proceedings heard at Londonderry Recorder’s Court on 24th March 2011.
Plaintiff’s case dismissed. Judge Grant stated that he was “wholly unconvinced” that the Plaintiff had sustained any injury. The Plaintiff alleged that he had sustained personal injury as a result of a road traffic accident in March 2009. He was a passenger in the third party vehicle. The accident occurred on a mini roundabout. The Defendant intended to turn left at the roundabout. The Plaintiff’s vehicle entered the roundabout from the entrance opposite the Defendant. The Defendant believed the other vehicle was going straight ahead and entered the roundabout striking the side of the Plaintiff’s car. Primary liability was not disputed.
The Plaintiff alleged he had sustained neck and back injuries as a result of this road traffic accident. He did not however notify his own expert regarding any back injury. He complained of ongoing symptoms when examined some 5½ months post incident but in evidence stated that he had actually recovered by approximately 3/4 months. At odds with the mechanics of the accident, he stated that he was thrown to the right in the accident striking his head and injuring same.
Under cross examination he accepted that he had not told any of the Doctors that following the accident he had gone on to play football and that it was only after the match that he attended hospital. He could not explain how he had sustained injury in this modest accident where damage to his car amounted to £322.00 when he had been in an accident approximately one year previously and had not sustained any injury yet he had driven his car into a hedge and his vehicle was deemed a write off. His Honour Judge Grant determined that the Plaintiff’s evidence was wholly unsatisfactory and he was not satisfied the Plaintiff had sustained any injury in the circumstances and therefore the Plaintiff’s case was dismissed.
The Plaintiff was legally assisted.