A WOMAN who initially claimed some €410,000 damages for loss of earnings arising from a whiplash injury when a Dublin Bus collided with her car has had her case dismissed after a High Court judge found it was “highly probable” she gave misleading evidence as to the extent of her injuries and about her capacity to work.
Dublin Bus had produced video evidence of Mary Farrell, Tolka Valley Green, Finglas South, Dublin, engaging in physical activities which the company claimed were inconsistent with her claims about the extent of her injuries.
Mr Justice John Quirke ruled against Ms Farrell, who had worked with Jurys hotel as a housekeeper/cleaner. She took an action against Dublin Bus over an incident on June 14th, 2004, at the junction of North Circular Road and Dorset Street in Dublin. She said her vehicle was stationary at traffic lights when the collision occurred and she had suffered a “whiplash” type injury to her neck.
Liability for the crash was conceded by Dublin Bus. However, the company took issue with the amount of damages sought and Ms Farrell later abandoned some aspects of her claim.
The judge noted Ms Farrell had agreed she received a damages award of €12,500 to compensate her for injuries suffered in a road traffic crash in 1995; €18,000 for injuries in a road incident in 1999 and €5,620 from Dublin Bus to compensate her for damage to her car in this case.