Former professional boxer Jim Rock has lost his claim for damages against former minister for justice Alan Shatter following a collision between their cars on a road in south Dublin.
The 47-year-old sued the former Fine Gael politician at Dublin District Court for €1,800 after the accident involving his €50,000 Mercedes CLS and Mr Shatter’s Saab at around midnight of December 2nd, 2015.
Mr Rock, who boxed professionally from 1995 to 2009, did not seek personal injuries and his claim was for the cost of car repairs and to rent a replacement vehicle while the work was being carried out.
Dublin District Court heard the two cars suffered minor scrapes and damages to paint work in the crash as they were both going slowly around a bend on Sussex Road, Dublin 4.
Mr Rock and Mr Shatter accused one and other of crossing into each other’s lane causing the collision. Mr Rock was driving on the middle lane and Mr Shatter’s Saab was on the right side lane.
Mr Rock told the court he had beeped his horn and applied the brakes.
He said the politician was “obnoxious” after their cars came to a halt while Mr Shatter said the plaintiff was “belligerent”.
His parliamentary assistant, who was travelling with the former TD, called the gardaí, the court was told.
Dismissing the “hotly contested” case, Judge Anthony Halpin said there was very little common ground in their testimony and it was difficult to adjudicate.
Judge Halpin said the accident was a result of momentary inattentiveness but the evidence was not clear that Mr Shatter was responsible.
Both men believed their version of evidence, he said.
Mr Rock testified Mr Shatter crossed into his lane causing scuffing and scrapes to the Mercedes while Mr Shatter stated he had regularly used this route and was taking a corner slowly.
Mr Rock said in his claim that Mr Shatter swerved suddenly and without warning and in evidence Mr Rock told the court he beeped and applied the brakes.
He agreed in cross-examination with defence solicitor Jerry O’Reilly he had an invoice for work from a Dublin auto-repair firm but the car was fixed in February 2016 when his wife went on a trip to Belfast. No receipt was available but his wife, who normally used the car, told the court she paid.
Mr Rock had sent numerous emails to Mr Shatter’s insurance firm. In one email, Mr Rock wrote that Mr Shatter was a former minister for justice and “probably knows every trick in the book to get away with this but I think his luck has run out, like when he had to resign”.
He also called Mr Shatter a “very unpleasant man” in the same message.
Mr Shatter’s parliamentary assistant Jane Lehane, who was in the front passenger seat, stated in court that she warned the former government ministerthat Mr Rock’s car was going to hit them but the impact occurred before she could complete the sentence. She also said Mr Rock was aggressive.
Denying he had caused the accident, Mr Shatter told the court Mr Rock had been belligerent and he said he did not hear any car beeping before the collision. He said the amount of damages claimed was “so ridiculously small” compared to the time spent on the case, “but I think the truth is important”.
He said he did not cross into Mr Rock’s path.
Judge Halpin said from looking at photo evidence he accepted the collision resulted in superficial damage.
Judge Halpin said both Mr Rock and Mr Shatter and their engineers agreed speed was not a factor.
The court had to assess who drove negligently on the night in question and whose conduct was blameworthy.
He noted Mr Rock had modified his evidence and this affected the weight of his evidence.
He dismissed the case but put a stay on making an order for costs in the event of an appeal.