A judge has thrown out a €60,000 damages claim by a cyclist in the Circuit Civil Court for personal injuries against a motorist.
Judge James McCourt said he accepted the evidence, although uncorroborated, of car driver Alan Walsh who was alleged to have knocked down cyclist Ross Kavanagh at a Dublin city centre junction and causing injuries to his shoulder and back.
Kavanagh, (28) of St Michen’s House Flats, Greek Street, Dublin 7, told defence counsel Conor Kearney that Walsh, a sales representative for Blake Brothers Limited, Nangor Road, Dublin, had driven out in front of him, knocking him to the ground.
Mr Walsh said he had just passed Kavanagh and his brother, William, both walking beside their bicycles at the junction of Mary Street and Wolfe Tone Street, when he heard a thud to rear of his car. He told Judge McCourt he had not seen, as alleged, Kavanagh throw his bicycle up against his car.
He told defence counsel that the two Kavanaghs later approached his car, laid one of their bicycles in front of it and, he believed, it was Ross Kavanagh who had asked for €50 to repair his bike.
Garda report
Detective Garda Peter Byrne said Mr Kavanagh reported the accident but did not claim to be injured. When he said he wanted gardaí to seek €50 from Mr Walsh for repair of his bicycle he had been told this was a civil matter.
Kavanagh said he did not understand the meaning of the word subsequent when asked had he accidents prior to or subsequent to the bicycle incident and said this was the reason he had failed to disclose other accidents. His brother William was currently in the UK.
He denied a suggestion by Mr Kearney that his claim had been false and exaggerated or that he had lied under oath.
Judge McCourt said neither Mr Kavanagh’s nor Mr Walsh’s evidence had been corroborated, but he preferred the version given to the court by Mr Walsh.
He dismissed Kavanagh’s claim and awarded costs against him.
