A High Court action, brought by a man who claimed that a taxi driver drove over his foot, has been settled following talks between the parties.
Thomas Conlon (38), a psychiatric nurse of The Maples, Bird Avenue, Clonskeagh, sued Frank Daly, Mourne Road, Drimnagh, a taxi driver with Local South Side Taxis, over an incident that he claimed occurred on April 25th, 2014.
Mr Conlon claimed he ordered a taxi from Local South Side Taxis and Mr Daly pulled up at 6.30pm that evening.
He claimed that Mr Daly drove erratically, failed to remain at the scene of an accident, and allegedly drove at an excessive speed in the circumstances.
Mr Daly denied the claims and pleaded that Mr Conlon was the author of his own misfortune.
On Wednesday, on what was the second day of the action, Mr Justice Michael Hanna was informed by Mark William Murphy Bl for Mr Conlon that the case has been settled and could be struck out. No details of the settlement agreement were revealed in open court. The Judge welcomed the settlement.
In his evidence to the court Mr Conlon said he called a taxi to bring his mother, aged in her 80s, to St Stephen’s Green in Dublin city centre.
He said the radio was extremely loud as the taxi driver was listening to a soccer commentary. He said he asked the driver to lower the volume but Mr Daly said no, he was there to bring them from A to B and that had nothing to do with the radio. The radio was extremely loud even for somebody deaf such as his mother, Mr Conlon said.
He asked twice to be let out of the car and, when the taxi did pull in, the driver shouted at him about money and he said he would pay once he had helped his mother from the car, he said.
“I had one foot out of the car, he put the car in gear and began to drive off. I was hopping on one leg and the car ran over my left foot.”
He said, after the taxi ran over his foot, he fell to the ground dislocating his shoulder and the taxi took off down the road with his mother still inside.
He said he later found his mother sitting on a wall, weeping and distressed, they were both upset and shocked and went home.
Mr Daly said he was listening to football results and thought the volume was reasonable.
When Mr Conlon told him he wanted to get out of the car, he told him the fare would be €6, he said. “He said I was getting f... all. I stopped and he was out on the road screaming.”
Mr Daly said he had stopped the car near a dangerous bend so he drove on to park it and did not run over Mr Conlon’s foot.