Judge chucks out ‘exaggerated’ taxi shunt claims A WOMAN’S personal injuries claim after a traffic accident was “grossly exaggerated”, a court was told yesterday.
Fidelma McDonagh, 22, of Citywest, Dublin, and three others sued the driver of a small car which hit the back of a taxi they had been travelling in.
Dismissing all four claims at the Circuit Civil Court, Judge Matthew Deery said the Nissan car was estimated to be going at around 7mph.
He said it was unlikely the stationary taxi was propelled forward at such speed as to cause whiplash injuries.
The judge said even Ms McDonagh’s own medical expert could not explain why her pain symptoms should have disimproved so much.
The judge said trauma specialist Leo Vella examined Ms McDonagh in August 2011 and expected her complaints to have cleared up within about three months.
More than seven months later she was examined by consultant surgeon Robert McQuillan, on behalf of the defendant, and made extreme complaints about lack of neck and back rotation.
The doc said she had made very little effort to move and co-operate with him.
Ms McDonagh and her husband David, along with Angelina McDonagh, from Citywest, and Bernadette McDonagh, from Tallaght, had sued Adam Albogachiev whose car had rear-ended the taxi on a roundabout.
The McDonaghs were ordered to pay legal costs.
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http://www.thesun.co.uk/sol/homepage/ir ... z2BRRKCuRV
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