A woman's evidence, that she had 90 per cent recovered from a whiplash injury when she was similarly injured in a second accident, did not tally with medical reports, a judge held yesterday.
Mr Justice Smyth, President of the Circuit Court, said insurance clerk, Ms Mary Beatty, of Marina Village, Malahide, Co Dublin, had told a consultant in December 1995 she was still suffering pain at work as a result of an accident two years earlier.
While the doctor had concluded she was then at a standstill in her recovery from the first accident she had told the court yesterday she was 90 per cent recovered by the time of the second crash in February 1996.
Mr Justice Smyth told defence counsel, Mr Desmond O'Neill, Ms Beatty's evidence to the court was not in line with what she had told the consultant in 1995. Awarding her £8,850 damages, Mr Justice Smyth said he was forced to conclude her injuries in the second accident were an aggravation of her symptoms from the first.