A CONSULTANT engineer told the High Court yesterday he was terrified when a 17 stone insurance official lunged at him and grabbed the lapel of his coat in a Cork shopping mall four years ago.
Mr Vincent Kelly, of Dooega, Hettyfield, Douglas, Cork, has brought an action for defamation against Arnold and Green (Ireland), insurance liability adjusters, with registered offices at Seagrove House, Sutton Cross, Dublin, and one of its insurance officials, Mr Joseph Valentine.
Mr Kelly claims Mr Valentine said to him: "You are lying in front of another consultant engineer, Mr Anthony O'Keeffe. The words meant he was incompetent and unfit to be trusted or employed as a consultant engineer, was prepared to make false misrepresentations to advance his clients cases and would commit perjury.
The defendants deny Mr Kelly's claims and allege the words were said under "qualified privilege". They deny there was an assault.
Mr Kelly said in October, 1992, he was retained to report on an accident in Eyeries, Co Cork, involving a mowing machine. He knew he was to jointly inspect the machine with a Mr Anthony Brennan, acting for Mr Valentine's firm.
He met the party who was alleged to have been injured by the mower, and had no intention of inspecting the machine. The injured party had shown him two mowing machines at a farm of the father of the insured person. He took photographs.
He received a copy of a letter in which Mr Valentine said he was surprised Mr Kelly attempted to gain access to the insured person's premises. It also claimed he had taken unauthorised photographs. He had not replied.
Mr Kelly said his father died on December 4th, 1992. He had met Mr O'Keeffe and Mr Valentine at Cork Courthouse that day. His recollection was that Mr Valentine said: "What would you do with a fellow who did an inspection without permission?" He heard Mr O'Keeffe say: "Six months in jail." They all laughed and Mr Valentine walked away."
Later that morning, when he and Mr O'Keeffe were in the Queens Old Castle in Cork they again met Mr Valentine, recollected that Mr mentioned an inspection with Mr Tony Brennan and a machine without permission.
Mr Kelly claimed he replied machine was not at the person's premises. Immediately, Mr Valentine replied: "You are lying."
Mr Kelly said he was going to explain that the machine was on the premises of the father of the insured. He had asked the injured person if there was any chance of seeing the machine and the insured person had said it was on the side of the road. He told Mrs. Valentine to withdraw the remark.
Mr Kelly said all 6 ft 3 ins of Mr Valentine lunged forward and caught him by the coat lapel. He had been frightened and said "f..k off" and then roared the words again. Mr Valentine let him go.
Cross examined by Mr Liam Gaynor SC, for the defendants, Mr Kelly agreed he was not to investigate the accident in so far as it related to the premises of the insured.
The hearing continues.