‘No debris’ at scene of whiplash claims crash, court hears

Two gardaí called to an alleged traffic accident which led to nine people putting in claims for whiplash have told the High Court they saw no collision debris at the scene.

Garda Colm Dolan and Det Garda Ciaran Marks were giving evidence on the fourth day of an appeal against the awarding of between €3,000 and €8,500 compensation to seven of the nine for neck and back injuries. They were allegedly hurt in August 2008 in an accident on a country road in Silverstream, Co Monaghan.

All nine, along with a 10th man who did not sue, were travelling for a night out at the dogs in Dundalk when they say a car hit the bus from behind and sped off without anyone getting its registration.

They brought the case against the Motor Insurers Bureau of Ireland (MIBI) which compensates victims of uninsured or untraced drivers.

The nine who sued were the bus driver David Morgan (40), Paul Campbell (38), his wife Deidre Campbell (40), Lyndsey Gervin (33), Amanda Gervin (44), Joanne McGirr (35), Fiona McGirr (38), Kevin Kernaghan (43), all from Coalisland, and Bernadette McBride (58), from Glasslough, Co Monaghan.

Appeals

All except Mr Campbell and Mr Kernaghan were awarded between €3,000 and €8,500 compensation in the Circuit Court which the MIBI appealed to the High Court. Mr Campbell and Mr Kernaghan lost in the Circuit Court and cross-appealed.

All appeals were heard together by Ms Justice Marie Baker who, following the completion of evidence on Wednesday, reserved judgment.

In evidence, Garda Dolan said, when he arrived on the scene at about 8pm, everybody was out of the bus and the driver, Mr Morgan, seemed upset and nervous.

The only information about the car which allegedly hit the bus came from Mr Morgan and all he could remember was that it was green, or maybe blue, the garda said.

Other than a small dent on a step at the back of the bus, the officer said he could find no evidence of collision debris, which he would have expected to find, in or near the vehicle.

Det Garda Marks said he likewise found no debris such as glass which one would typically expect to look for at the scene of a collision.

Facebook page

Asked about evidence of Mr Campbell, who said he pointed out glass to one of the gardaí, both gardaí said no one had pointed out any debris to them.

Fintan Smith, a claims handler with FBD Insurance, allocated the case on behalf of the MIBI, said a Facebook page which contained information about one of the nine, Lyndsey Gervin, was completely public until just after she gave evidence some two weeks ago.

Ms Gervin had told the court she had not been able to go back to the gym because of the 2008 accident.

The court was told Facebook entries of 2013 showed she was back in the gym.

She had claimed her Facebook profile was private but Mr Smith said he accessed it the evening after she gave evidence and it had been public until shortly after she was recalled to give evidence about the 2013 entries.