Retired taxi driver withdraws two €60,000 injury claims after being accused of misleading court

A retired taxi driver has withdrawn two €60,000 personal injury claims after being accused of giving misleading evidence to the Circuit Civil Court.

After William (Wille) Kelvin was cross examined by two defence barristers, Judge Michael Walsh said it was “the right decision” for him to abandon his cases. The 75-year-old had earlier accused Shane English and Conor Kearney of trying to put words in his mouth.

He told Mr English he had not divulged an €11,000 settlement following a road accident on his way home from a fishing trip in Co Kerry because insurer Axa had offered him the sum before he even thought of bringing a court claim.

He said he did not feel the incident was relevant to the two claims he brought in relation to two other road collisions which happened within a week of each other.

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Mr Kelvin, of Castle Hall, Swords, Co Dublin, told Mr Kearney he tripped and fell at The Pavilions shopping centre in Swords and had sought permission from the Personal Injuries Board to take a claim. He said he did not go ahead with this claim as it “was just the same pain” that he was suffering due to the two cases before the court.

Failed to divulge

Both barristers told Mr Kelvin he had failed to divulge to the judge almost identical undisclosed injuries he had suffered in the two accidents before the court until he was “caught out” in cross-examination. 

Mr English, appeared with Newman Solicitors, and Mr Kearney, appeared with Delahunty O’Connor Solicitors, for separate defendants in respect of the collisions in Blanchardstown and at Dublin Airport.

Mr Kelvin, who said he stopped working as a taxi driver in 2019 but had retained his taxi and taxi plate, said his car was struck at Blanchardstown by two other vehicles that collided due to an illegal passing manoeuvre. In the other incident, he said he was rear-ended by another taxi while queueing up for work at the airport.

He told Judge Walsh he injured his back and neck in the first accident, and that the injuries were exacerbated by the second incident a week later.

Identical injuries

Mr English and Mr Kearney claimed Mr Kelvin had suffered almost identical injuries not disclosed to the court or his doctors in the two other accidents. They put it to him that he was prepared to mislead the court until details of the Kerry and Swords accidents were revealed as a result of investigations by insurers.

“I do not tell lies,” Mr Kelvin said. 

Mr English replied: “I know, but you have just lied twice in the last few minutes about previous injuries you failed to reveal to this court.”

Mr Kelvin’s counsel asked the judge if he would allow some time for him to discuss matters with his client. Following a 20 minute break, Judge Walsh was told that Mr Kelvin was withdrawing both of his €60,000 claims on the basis that insurers for the defendants would bear their own legal costs.