A MAN who suffered injuries in a workplace accident has had his action for damages dismissed after a High Court judge found he knowingly gave false and misleading information to the court.
Mr Justice Seán Ryan said no injustice would be done by dismissing the action brought by Seán Meehan who, the court noted, engaged in a substantial business as a professional ticket tout but had given misleading information about that as well as the circumstances of the accident.
Mr Meehan (48), with addresses at Portland Square, Dublin, and Abbeyvale Way, Swords, Co Dublin, had sued his former employer, BKNS Curtain Walling Systems Ltd, and Michael McNamara and Company, operator of a building site at Abercorn Road, Dublin, over an incident on the site on September 29th, 2008.
Mr Meehan fell from scaffolding at first-floor level and, in his action, claimed more than €450,000 for lost earnings, alleging he was unable to work after the accident.
He suffered a serious injury to his heel and ankle and medical evidence was given he would not be able to return to work as a glazier or do any heavy manual work.
Mr Meehan alleged the defendants were negligent, breached their duty of care towards him and failed to provide him with a safe place and system of work. The scaffolding was defective, he alleged.
The defendants denied the claims and applied to have the case dismissed on grounds including that Mr Meehan knowingly gave false and misleading information concerning the circumstances of the accident and his claim for loss of earnings.
Mr Meehan had altered aspects of his claim after CCTV pictures held by McNamara Co contradicted his account of how the accident happened. Lawyers for Mr Meehan argued he had not knowingly provided misleading information as he was confused. He had also not exaggerated his loss of earnings, it was argued.
Mr Meehan did not class selling tickets as work. Mr Justice Ryan said Mr Meehan would have been entitled to about €44,000 damages had he not given false and misleading evidence.