Another compo claim dismissed

Good on the Judge. Apart from wanting the fire brigade to cut them free, their behavior in A & E really showed them up for what they were.

https://www.irishexaminer.com/breakingnews/ireland/it-was-pure-theatrics-cork-court-hears-of-bizarre-behaviour-in-compensation-case-890377.html

“It was pure theatrics': Cork court hears of bizarre behaviour in compensation case
Thursday, December 06, 2018 - 05:03 PM
By Liam Heylin
Bizarre and theatrical behaviour by a man in the back of a Nissan Micra at the scene of a minor traffic incident saw him hold himself rigid and reach for his head, neck and back, moan in agony and insist that the fire brigade cut the roof off the car to get him to hospital.

At one stage in the colourful evidence at Cork Circuit Court, Judge Seán Ó Donnabháin asked the plaintiff, John Stokes of 2 Deerpark, Charleville, Co Cork, “Did you look for a helicopter?” He did not.

Mr Stokes, 25, had his case for compensation dismissed. He was suing AXA, the insurers for his friend Aaron Buckley of Gurrane North, Donoughmore, who was driving the car at the time when it allegedly drove into the rear of a van in front of them at a roundabout in Wilton. Costs were awarded against him.

There were five men in the Nissan Micra, including the driver. They had been in Wilton shopping centre buying T-shirts and were on their way to a gym in Blackpool.

A second plaintiff, who was also in the Micra, Michael Stokes of 5 St Anthony’s Park, Knocknaheeny, couldn’t make it to court for his case as it coincided with his wedding day.

Judge Ó Donnabháin dismissed his case too and awarded costs only in the event of an appeal, adding, “I suppose it is expensive enough to get married.”

John Stokes testified that the five of them “picked up a few bits and pieces” in Wilton. He later told Joanne Carroll BL in cross-examination they bought T-shirts. He agreed with his own barrister, James Duggan, that he had neck and back pain as well as drowsiness, amnesia and dizziness and it took him six months to recover. Ms Carroll BL wondered how he had symptoms like amnesia and dizziness when he did not hit his head against anything and had no head injury. He denied looking for the fire brigade to cut the roof of the car to extricate him.

First on the scene of the alleged accident on April 15 was a consultant in pre-hospital emergency medicine and critical care, Dr Jason van der Velde, who was in the area at the time.

He described a scene of “theatrics” where all the men were complaining of neck and back injury.

They were all lying back in very bizarre positions and were very contorted. To be honest I would not even call it an accident.
"It was pure theatrics. All four (sic) were demanding to be cut out by the fire service and taken by ambulance to hospital saying they were unable to walk,” Dr van der Velde said.

He said the car was only 50 metres from the hospital and he later saw them all walking to the A&E unit where they were angrily banging on the partition glass demanding to be seen when they were told to wait.

The doctor said the contortions from John Stokes at the scene were absolutely bizarre as he twisted into positions inconsistent with the injuries of which he complained.

Dr van der Velde said in 26 years of emergency medicine he had never seen anything like it.

Judge Ó Donnabháin said that Dr van der Velde’s evidence was fundamental to the case in terms of what he observed and the bizarre behaviour which he described – the plaintiff insisting that he be cut from the car because he could not move and later walking around the CUH demanding attention.”

CinemaGuy45

Was it the usual gang boss?

JMNolan

Maryanne84 wrote: »

Mr Stokes, 25, had his case for compensation dismissed. He was suing AXA, the insurers for his friend Aaron Buckley of Gurrane North, Donoughmore, who was driving the car at the time when it allegedly drove into the rear of a van in front of them at a roundabout in Wilton. Costs were awarded against him.

Say no more

Allinall

Stokes

Cee-Jay-Cee

I sincerely hope that Judges are cottoning on to the antics of the numerous travellers who are making massive claims for exaggerated or no injuries following staged collisions. There seems to be daily stories in the media of travellers or people who have surnames normally associated with travellers, trying their luck in court for compensation and having being involved in numerous 'accidents' in the past also for which they received compensation.

SEPT 23 1989

what a beautiful culture to share a country with

They are only 30k in number but look at the magic they weave bringing such joy and happiness to every village and town on the island

Thank you Mr Kenny

We will never forget what you did

JMNolan

Where's the guy that says "you don't know it is travellers!"? Is he ok?

jiltloop

I wouldn't see this as some kind of victory, it looks like sheer luck that there was an expert witness on the scene that agreed to come in to court that day.

If that witness wasn't there this probably would have been another big pay out.

Going by the theatrics of those involved I'd sincerely doubt that this was the first or last time they have tried this.

Next time they probably just won't be stupid enough to stage it outside a hospital where there's a high chance of expert witnesses appearing on the scene.

The Bishop Basher

Good on the judge..

It sounds like he didn’t entertain their nonsense at all..

Between this and the Ryanair case where costs were awarded against a woman who claimed she fell down the steps, are we starting to see a shift in how courts approach these obviously spurious claims ?

Here’s hoping.

Paulzx

JMNolan wrote: »

Where's the guy that says "you don't know it is travellers!"? Is he ok?

I think he's tied up in another thread:D

It's been pretty busy around here lately for traveller apologists

SnakePlissken

jiltloop wrote: »

Next time they probably just won't be stupid enough to stage it outside a hospital

You give them far too much credit.

Graniteville

Ireland's largest group of criminals try it on again and lose.

The sooner politicians call travellers for what they are, the better.

Over 20% of female prisoners are travellers
Over 13% of male prisoners are travellers.

Over 30% of travellers spend time in prison during their adult lives.

With less than 20% of criminal convictions resulting in a prison sentence, it can be assumed that the MAJORITY of adult travellers have a criminal conviction, and therefore they should quite rightly be called a criminal grouping with no special rights whatsoever and premises should be able to refuse entry to those belonging to the criminal group.

monkeybutter

who did he award costs to?

they only way to stop this ****e, is to have this shower pay the costs, which they won't and then the gouger solicitors will be out of pocket and think twice about taking the next case

Captain Obvious

By far the most entertainment I've had in a court was watching a defence barrister from an insurance company dismantle the evidence of three travellers with a false claim in. The fourth one settled for four figures. After his cut to the driver and legal fees i'd say he was lucky to have a fiver.

Plumbthedepths

It's their culture like.

For Forks Sake

JMNolan wrote: »

Where's the guy that says "you don't know it is travellers!"? Is he ok?

He's out dumping rubbish on a halting site

Graniteville

Graniteville wrote: »

Ireland's largest group of criminals try it on again and lose.

The sooner politicians call travellers for what they are, the better.

Over 20% of female prisoners are travellers
Over 13% of male prisoners are travellers.

Over 30% of travellers spend time in prison during their adult lives.

With less than 20% of criminal convictions resulting in a prison sentence, it can be assumed that the MAJORITY of adult travellers have a criminal conviction, and therefore they should quite rightly be called a criminal grouping with no special rights whatsoever and premises should be able to refuse entry to those belonging to the criminal group.

Is there stats on what percentage have a criminal conviction whether or not it results in jail time?

Gunmonkey

So how long until the consultant who attended the scenes personal info is dumped onto Facebook/Twitter/etc with "You know what to do!" for costing these chancers a big payout?

For Forks Sake

For Forks Sake wrote: »

He's out dumping rubbish on a halting site

It was those bold kids in the school, boss!

https://www.donegalnow.com/news/sentencing-date-set-man-whose-rubbish-led-school-rat-problem/253548

Plumbthedepths

For Forks Sake wrote:

He's out dumping rubbish on a halting site

That was one of the stupidest comments ever put up on Boards.

Cordell

Will they be also facing an insurance fraud case, or will they get to try this again, learning from their mistakes?

Plumbthedepths

Cordell wrote:

Will they be also facing an insurance fraud case, or will they get to try this again, learning from their mistakes?

They don't learn, learning requires intelligence.

Gimme A Pound

Plumbthedepths wrote: »

That was one of the stupidest comments ever put up on Boards.

Comedy gold though.

Recently rivalled by the Amish post.

Plumbthedepths

Maria Spoiled Boy wrote:

Recently rivalled by the Amish post.

Missed that, can you link it?

Gimme A Pound

Plumbthedepths wrote: »

Missed that, can you link it?

Here you go: https://www.boards.ie/vbulletin/showthread.php?p=108750359#post108750359

Aloe Vera needed for all the burns. :pac:

Maria Spoiled Boy

Maria Spoiled Boy wrote: »

Here you go: https://www.boards.ie/vbulletin/showthread.php?p=108750359#post108750359

Aloe Vera needed for all the burns. :pac:

Copy n paste


Your main para; all that you are objecting to is that they do not conform to YOUR ideas, and why should they? They are a different ethnic minority. So yes, wilfully misunderstood. And if others were treated in eg schools as traveller kids often are? Sure they would leave. Education can always be resumed later in life and frankly is not the be all and end all of life.

Are irish folk innocent of the crimes you list?

In my years here I have had more serious problems with non-travellers than with travellers. And I mean serious. eg assault. Far more.
and equal great kindness and help from both groups.

wonder what you would make of the Amish

ED E

Maryanne84 wrote: »

Judge Donnabh dismissed his case too and awarded costs only in the event of an appeal, adding, “I suppose it is expensive enough to get married.”

Not so bad when she's your cousin, halves the guestlist one assumes.

Dakota Dan

JMNolan wrote: »

Where's the guy that says "you don't know it is travellers!"? Is he ok?

Stokes, Charleville, you don’t have to be Sherlock Holmes to figure it out.

normanoffside

Allinall wrote: »

Stokes

Is he a relation of Blondie's?

Gimme A Pound

Dakota Dan wrote: »

Stokes, Charleville, you don’t have to be Sherlock Holmes to figure it out.

Well of course, but there is often at least one clown who'll pretend that we don't know for sure.

JMNolan

Maria Spoiled Boy wrote: »

Well of course, but there is often at least one clown who'll pretend that we don't know for sure.

Stokes, a well known Amish name :pac:

gwalk

bad week for the interbred lot isn't it

Fann Linn

Allinall wrote: »

Stokes

Didn't have to read anymore after that. Juat knew it was a member of the Chosen People.

Plumbthedepths

gwalk wrote:

bad week for the interbred lot isn't it

If they carry out their various threats against the guard in Longford. It will be more than just a bad week.

Gimme A Pound

Strawberry Milkshake wrote: »

It was those bold kids in the school, boss!

https://www.donegalnow.com/news/sentencing-date-set-man-whose-rubbish-led-school-rat-problem/253548

Hilarious. The dag ate the letters boss.

gwalk

Maria Spoiled Boy wrote: »

Hilarious. The dag ate the letters boss.

was it the same dog that got shot? :pac:

Ri_Nollaig

The real hero of this story...

https://www.irishexaminer.com/ireland/doctor-is-cork-person-of-the-month-273133.html

As if it wasn't for his testimony they probably would have got their pay day!

Deebles McBeebles

Ri_Nollaig wrote: »

The real hero of this story...

https://www.irishexaminer.com/ireland/doctor-is-cork-person-of-the-month-273133.html

As if it wasn't for his testimony they probably would have got their pay day!

Hope he has good security.

BobMc

The Sooner the Solicitors start maybe refusing these cases or asking for fees up front the better, will get rid of chancers failry sharpish,

next step then is prosecution if false claims put in, but even less chance of that than option 1

Wheety

Rennaws wrote: »

Good on the judge..

It sounds like he didn’t entertain their nonsense at all..

Between this and the Ryanair case where costs were awarded against a woman who claimed she fell down the steps, are we starting to see a shift in how courts approach these obviously spurious claims ?

Here’s hoping.

Seems to depend on the judge. I'm sure there are a couple who would have approved a payment.

What are the chances of getting costs from these lads? :rolleyes:

Gimme A Pound

Deebles McBeebles wrote: »

Hope he has good security.

Isn't it a grim and depressing state of affairs when that actually is a serious consideration, as if this country is the fecking wild West.

BobMc

BobMc wrote: »

The Sooner the Solicitors start maybe refusing these cases or asking for fees up front the better, will get rid of chancers failry sharpish,

next step then is prosecution if false claims put in, but even less chance of that than option 1

But there’s no limit to the amount of times you can avail of legal aid. That entire system needs to be overhauled.

BobMc

No legal aid for compo claim I would have thought thats a civil matter surely

jiltloop

The ad at the top of this page is hilariously apt, Personal Injuries Claims solicitors, Anthony Joyce & Co.

Cee-Jay-Cee

Strawberry Milkshake wrote: »

But there’s no limit to the amount of times you can avail of legal aid. That entire system needs to be overhauled.

No legal aid for civil claims.

Plumbthedepths

Strawberry Milkshake wrote:

But there’s no limit to the amount of times you can avail of legal aid. That entire system needs to be overhauled.

These cases are normally no win no fee. Free legal aid only sanctioned in Criminal cases.

Dravokivich

Plumbthedepths wrote: »

These cases are normally no win no fee. Free legal aid only sanctioned in Criminal cases.

No it isn't.

Sweet.Science

Plumbthedepths wrote: »

These cases are normally no win no fee. Free legal aid only sanctioned in Criminal cases.

Yep . No chance of the solicitors getting their costs for pursuing it on behalf of these claimants ( no sympathy for them ) and no chance of the insurance company getting their costs from these people either

So its no wonder they chance their arm all the time

You can get legal aid for civil cases.

https://www.legalaidboard.ie/en/our-services/differences-between-criminal-and-civil-legal-aid/#Differencecriminalcivil

For civil legal aid we will decide if you can get legal advice based on your application form. We will look at what your disposable (after we grant allowances) income and capital is. We cannot grant legal advice if your disposable income is above €18,000 or your disposable capital (not including the property in which you live, if you own it) is above €100,000. If you need to go to Court a solicitor will apply for a legal aid certificate on your behalf. At that point we will consider the merits of the case before deciding whether or not to grant legal aid. More information on qualifying for civil legal aid is available here.

Examples of civil law disputes include:

Family disputes – including marriage breakdown and disputes involving your children
Actions by the Child and Family Agency (Tusla) to take your children into care or supervise them in your home.
Claims for damages as a result of injuries which have been caused to you
Claims for damages as a result of breach of a contract
Property disputes
Disputes with your employer

Sweet.Science

It would cost an insurance company at least 10k to defend this in court. Everyday there are these types of claims up in front of a judge

And we wonder why premiums are so high

theguzman

Will the Insurer ever see a penny from these lads for their costs I highly doubt it? They should be able to recover it from any assets, bank accounts or deduct from any welfare being received.