Builder drops damages claim over video of him working

A builder who was filmed picking up blocks and using a shovel after he had claimed he was unable to return to physical work following a road traffic accident has withdrawn his High Court action for damages over the incident.

After the footage was shown to the court on Thursday, Michael O’Brien (52), of Knocksedan, Swords, Co Dublin, claimed he was only able to do the work because he was on a “cocktail of drugs” to deaden the pain.

“I work through the pain even now if I have to. I am on a cocktail of drugs,” he said.

The footage was shown during cross-examination of Mr O’Brien by Kieran Fleck SC, acting for the driver and the owner of a car which collided with Mr O’Brien’s vehicle on August 13th, 2009, on Griffith Avenue Extension, Dublin.

Mr O'Brien had claimed the driver, Rebecca Kealy, of Spring Hill Avenue, Blackrock, Co Dublin, had been negligent, including by allegedly driving at an excessive speed. He had also sued the car owner, Sandra Kealy, of the same address.

The case had been before the court for assessment of damages.

After the cross-examination by Mr Fleck ended, Mr O'Brien's counsel asked Mr Justice Michael Hanna for a short adjournment.

When the case resumed, counsel said it could be struck out, with costs to the defendants.

Morphine

During the cross-examination, Mr O’Brien, who said he had been on 400mg of morphine for his pain at one stage, took a pill sachet from his pocket and put two tablets in his mouth.

Mr O’Brien claimed he sustained injuries to his lower back and right knee from the accident.

He said that, due to ongoing pain and damage to his knee, he was unable to undertake normal heavy physical work and had been restricted to managing building projects.

While the medications he received gave him some benefit, he said he continued to experience ongoing pain.

He said he had become quite depressed and had developed an adjustment disorder.

His ability to bend, kneel, squat and walk had been affected by the accident, it was claimed.

The court also heard he had been fitted with an implant to tackle the pain, but had to have it removed after it became infected.

Private investigator

The court was then shown video taken by private investigators of Mr O’Brien engaged in physical work, including lifting building blocks and using a shovel.

Asked by Mr Fleck to explain why he told a doctor who examined him he could only go outside with the aid of a walking stick, despite the evidence on the video, he said he only used the stick when he went on walks of 500m or so or to prop himself up.

Mr O’Brien disagreed that he had exaggerated his condition.

Asked about him telling another doctor he could not do physical work, he disagreed that that was what he had said to that doctor.

He insisted he was only able to work because he was on a lot of drugs to stop the pain. He said he had to work to “earn a few pounds”.