A scaffolder who claimed he was knocked down and injured when a van driver tried to force his way through a strike picket has lost his £30,000 claim for damages.
Mr John Campion (36), of Killinarden, Tallaght, Co Dublin, told the Circuit Civil Court he was manning a picket line at the back gate of Tallaght Hospital in 1999 when Mr Sean Daly, a driver for Philipstown Engineering Ltd, Co Louth, drove his van into him.
Mr Campion said he was struck on the right side and fell under the front of the van, twisting his right ankle.
Mr Daly told Mr James McArdle, counsel for the engineering company, that he had passed the picket twice previously without incident, apart from having insulting remarks shouted at him.
On April 28th, 1999, the picketers had obviously made up their minds that he was not getting on to the site again, and they stopped him. Four men, including Mr Campion, linked arms and lay against the front of his van in the gateway.
"My van did move forward about two inches as I talked with them, but there was no impact with the picketers lying up against the van. Then I saw Campion being lowered to the ground by his fellow picketers," Mr Daly said.
He said he heard Mr Campion shout: "Help, he's knocking me." He saw Mr Campion being carried to a grass verge at the roadside and he parked his van until gardai arrived.
Judge Michael O'Shea said there was a direct conflict of evidence and he was entitled to look at the manner in which the evidence had been given by both parties. "Having assessed the witnesses, I am not satisfied Mr Daly struck the plaintiff, and accordingly there is no evidence of negligence on his part in this case," he said.
He dismissed Mr Campion's claim and made no order on costs.