Author Topic: Travellers  (Read 16021 times)

Offline Rat Catcher

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Re: Travellers
« Reply #225 on: July 14, 2019, 12:09:31 PM »
https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/four-accused-of-deliberately-exaggerating-injuries-in-240-000-claims-case-1.3955163

Four accused of ‘deliberately exaggerating’ injuries in €240,000 claims case

Judge Karen Fergus throws out three cases taken by same solicitor at Longford court

Fri, Jul 12, 2019, 18:58
Ruaidhrí Giblin

A judge in Longford has ruled four people involved in a minor traffic collision “deliberately and falsely exaggerated” their injuries in a bid to claim compensation totalling €240,000.

Throwing out the personal injury claims at Longford Circuit Court on Friday, Judge Karen Fergus said the four people were passengers in a taxi in January 2017 when it was “tipped” by another vehicle that quickly fled the scene and has never been traced.

Having heard evidence earlier this month, Ms Justice Fergus said she was satisfied an incident occurred at the White Linen Woods Roundabout in Longford town on January 18th, 2017.

However, the impact was so “minimal” that it caused only “minor cosmetic damage” to the taxi in which the four were travelling, the judge said.

She said the four passengers “seized on the opportunity” that arose and “deliberately exaggerated their injuries”.

Four ambulances arrived on the scene and two of the passengers were assisted out of the taxi while the other two were removed on spinal boards. They were all discharged from hospital within hours of their admission.

Ms Justice Fergus said the impact to the vehicle was low, as evidenced by an assessor’s report. Some paint had fallen off the rear bumper but there was no distortion to it or the panel and only “cosmetic repairs” were required.

Margaret Marie Ward (20) and Peter Keenan (22), both with an address at Palace Crescent in Longford, as well as Andrew Daly (22) and Ellen McDonagh (25), both with an address at Westside, Lower Main Street, Letterkenny, Co Donegal, sued the Motor Insurers Bureau of Ireland (MIBI) arising out of the incident.

Each of the claimants, all of whom were represented by Longford-based solicitor Fergus Feeney, sought up to €60,000 damages in the Circuit Court, plus legal costs against the MIBI.

Ms Justice Fergus said the taxi driver had given evidence that as he proceeded onto the roundabout, he was tipped from behind by a small silver Citroen driven by a male with a hoodie, who immediately drove away. There was no CCTV on the roundabout and the car has never been traced.

‘Complaining loudly’

The taxi driver said that when he came back to the car all four passengers were “complaining loudly” of being injured.

A garda who arrived on the scene immediately after the collision described seeing the passengers “chatting away” in the taxi.

Dismissing their case, Ms Justice Fergus said credibility was “vital” when making a claim for personal injuries. She said she found the evidence of all four claimants to be “formulaic” and that it appeared to be “well-rehearsed”.

She dismissed their claims and awarded legal costs to the MIBI.

Separately, Ms Justice Fergus dismissed another personal injuries claim brought by a man who tripped over a hole on a footpath in Longford on March 12th, 2017. He was also represented by Mr Feeney.

Michael McDonagh, a 23-year-old factory worker from Palace Drive, Ardnacassa, Longford, said he did not see the hole when his heel went into it, causing him to fall over. He sued Longford County Council for personal injuries.

Mr McDonagh said he had to be helped back to his father in-law’s house after the fall. He said he suffered severe pain for weeks and had to give up his job with Longford Tidy Towns. He claimed he could not run his usual 10km per day and suffered from depression as a result.

An architect gave evidence on Mr McDonagh’s behalf that Google Maps showed a pole with a yellow traffic sign in situ on the path in 2011. He then produced a series of photographs which showed the pole had been removed and part of it was projecting from the ground with a jagged edge.

Ms Justice Fergus said there was “not a shred” of evidence to suggest the council removed the pole and left it in this manner. She said it may have been removed by a third party.

She said the council could only be held liable if it negligently removed the pole in question. She dismissed Mr McDonagh’s case and made no order as to costs.

Defamation allegations

In a third separate action for damages thrown out by Ms Justice Fergus on Friday, Marie McDonagh (31) sued Donal Duffy and Ciara Duffy, trading as Duffy’s SuperValu in Edgeworthstown, Co Longford, for alleged defamation.

Ms McDonagh, also represented by Mr Feeney, claimed she was defamed by a checkout assistant who allegedly told her she was not supposed to serve her, under orders from her manager. The claims were denied.

Ms McDonagh claimed she was “mortified” when this allegedly occurred. She said she asked to see the manager but was told the manager was not there that day.

Eugene Hill BL, for the defendants, put it to Ms McDonagh that she had been spoken to a number of times previously about using baskets provided by the store while shopping there. Ms McDonagh denied ever having been spoken to.

Store signs affixed to the checkout, regarding the shop’s policy on the use of baskets for items, were shown to Ms McDonagh. She denied ever having seen them before.

Mr Hill put it to Ms McDonagh that while shopping she had items on top of her buggy, and beneath her buggy, and the only thing that was said to her on the day in question was a reminder of the store’s policy regarding the use of baskets and that if she did not use them in future, she would not be served.

Ms McDonagh denied she had ever been warned previously or that she had items underneath her buggy.

It was also put to Ms McDonagh that when she returned to the store two days later, she “escalated” the situation and was shouting at the manager – which she denied.

Ms Justice Fergus said she accepted the defendants’ description of the events as being more probable. She said the shop assistant was an experienced employee who presented as a soft-spoken woman.

The judge said she accepted the defendants’ position that the shop assistant “simply reminded” Ms McDonagh of the store’s policy in relation to the use of shopping baskets provided by the store.

Ms Justice Fergus said she accepted the evidence from the defendants that the signs were affixed to the checkout for a considerable period of time and that Ms McDonagh had been reminded of the store’s policy on the use of baskets a number of times. She dismissed the case and awarded legal costs to the defendants.

Mr Feeney made no comment outside court after the cases were dismissed.

Offline Shallowhal

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Re: Travellers
« Reply #226 on: July 14, 2019, 12:42:54 PM »
Mr Feeney didn't get paid either i bet!!

Offline dalymount

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Re: Travellers
« Reply #227 on: July 14, 2019, 05:52:53 PM »
Uncle Albert was only in the halfpenny place compared to this lot

Offline silverbullet

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Re: Travellers
« Reply #228 on: July 14, 2019, 09:51:10 PM »
 :I'd hazard a guess and say that the runaway driver met them back on the site.

Offline dalymount

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Re: Travellers
« Reply #229 on: July 14, 2019, 10:47:17 PM »
Careful lads,you'll have pavee point on here screaming racism

Offline Shallowhal

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Re: Travellers
« Reply #230 on: July 14, 2019, 11:44:06 PM »
Careful lads,you'll have pavee point on here screaming racism

They only shout racism and scrimination when councils don't provide homes for their horses at the back of the free gaffs they're offered.

Offline dalymount

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Re: Travellers
« Reply #231 on: July 15, 2019, 07:22:41 AM »
Ah God be with Peter Casey

Offline Shallowhal

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Re: Travellers
« Reply #232 on: July 15, 2019, 12:42:26 PM »
Ah God be with Peter Casey

Said it like it is!

Online Belker

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Re: Travellers
« Reply #233 on: July 15, 2019, 01:08:45 PM »
Excerpt from Taxi Diaries 2;

The Ethnic minority;

The 'Ethnic minority' or Traveler's or Tinkers or Pikeys, Didicoy, Gypsies, Knackers or whatever you want to call them, that we civilized folk are told to respect and not to discriminate against because we are all 'God's children' and all citizens of the Irish state.
I will 'Bite my tongue' and just state the facts of my Taxi journey from the Friday night of the June bank holiday weekend 2019;

It's 2.30am in the morning and I'm driving my cab down Pembroke street in Cork city center looking fer a fare, this auld fella staggers out of a pub and disrespectfully shouts at me; "Hey Glasses !", I have a long look at him and see his wife/partner behind him, she seems an elegant mature lady so I take the fare. He sits in the front and the lady in the back requesting to go to Fairhill and then he starts with the Gamon/knacker accent and I'm thinking to myself; 'Oh FFS !'.

The pair of them were the same age as myself, mid-Fifties, yer man was dressed similar to me with a check shirt but with a much bigger pot-belly than mine and a good few teeth missing and also with multiple scars on his face which I didn't spot on the street, herself was done up to the 'Nines'.... Hair, Nails, Tan, Dress all immaculate. The journey started well, him telling me why I'm wasting my time as a Taxi driver while there was serious coin to be made in London, I politely ignored him and he then turned his conversation to the lady in the back-seat telling her that he wanted to drive an Ice-cream van in London, she howled in laughter at his seemingly stupid idea and that kinda got the Ball Rolling. She was talking of the New Travellers and how they would all be going to college in a few years time, Etc.... All was good fer the start of the journey and as we got to Fair hill they started arguing about where to go, after a minute or so it was decided that they would go to someones house, a friend of theirs at 2.40am to get more drink, so we arrive at a house and yer man is out banging on the house doors and windows with no reply, herself in the back rolls down the back window shouting; "She is 3 months pregnant ! she is nor gonna answer ya !", so he sits back in and they continue their conversation in the knacker gamon accent which I can't understand. I'm directed to a Second house this time the house has big gates at the front and yer man is out again hammering on the gates and shouting over them at 2.50am in the morning. Herself in the back telling me of all her Woes of all the brothers, children and parents who had died on her in recent years. Two minutes later she again rolls down the back window and shouts out at him; "Will ya get back n de Fookin cab ya Fookin ejit ya !". Yer man staggers back to the cab pulling out a cigarette and asking me fer a light, I refuse his request telling him; "No, No light, sit in to the car and I'll bring ye home", really wishing that herself had stepped out fer a nano-second so that I could drive off and dump them.

So we are still parked outside the Second house, herself telling me that she is an honest woman and I will be paid fer the fare whilst arguing with yer man in the gamon accent, I ask them where they wish to go next, she flippantly replies; "I don't know, ask him !" but him is much more interested in his drunken argument with her, 100 more times I ask fer their address with him slurring all sorts and her ignoring me, eventually he calls her a 'Whore' and she loses the plot lashing him in the face from her back seat position and screaming at him; "I'll tear those last few teeth out of your Fookin miserable head !". He tries to wedge himself between the Two front seats to get a dig off at her, but she catches his hand and instead I get the dig in the ear and that was kinda the end of Me being Mr Nice Guy Taxi driver, I roar at them; "COP THE FOOK ON, SIT DOWN, NO MORE HITTING, I HAVE JUST BEEN ASSAULTED AND IF I HEAR ANOTHER PEEP OUTTA EITHER OF YE, THEN IT'S A GARDA JOB !". That worked fer about 20 seconds with herself apologizing to me fer being hit saying; "He didn't hit you, it was me just pushing his hand away". And then it all flared up again with me trying to get an address to dump them at and them roaring at each other, eventually he said Barrack street which is on the Southside, the opposite side of the city to where we were, I tell them; "There is 25 on the meter already, do ye have cash to pay this ?", herself reassures me that she is a Honest Woman and I will be paid, so I drive on and the argument flares up again with herself now stating; "Take me home to Blarney, I Fookin hate this so and so ....Etc....". So I head fer Blarney but yer man doesn't want to go to Blarney so I pull in and open his passenger door telling him Not very nicely to 'GET OUT', but he wont get out and then herself concedes to; "Let's go back to the Barracks" which was actually an address by Collins barracks on the Old Youghal road in the Mayfield/Glen Northside area, again I drive on telling the pair of them very harshly; "NO TALKING, NO HITTING, SILENCE ALL THE WAY HOME !" and they did respect my wishes again fer about Thirty seconds before yer man came out with; "See that sign-post there I should put you up on it as a Whore !" and of course she belted the head off him yet again with me trying to drive the cab and keep them separated.

We arrive at their home address after a most turbulent 30 minute journey. Up herself in the back pops in with; "I've No money". There is 33.40 on the cab meter and yer man pulls out a Tenner saying that's all he has. I remind the lady of her earlier promise to pay me and she replies; "I am an honest woman and I will pay you, I have some coins here" and she comes up with 3.40 in loose change showing me her seemingly empty handbag. So I turn on yerman (not very politely) asking what he has ? He roots in his pocket and comes out with a load of pub receipts, I see a Fiver and grab it from his hand and then I see a Tenner and go to grab that too but yerman holds on to it and it tears in Two between us with him stating that; "He needed the Tenner fer ....." I opened his fist and extracted the Second half of the torn Tenner before I very unpolitely told them both to 'GET OUT' !  He offered his hand to shake apologizing fer 'What went on' and fer not having the full fare, I refused his hand.

Offline silverbullet

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Re: Travellers
« Reply #234 on: July 15, 2019, 01:08:56 PM »
Careful lads,you'll have pavee point on here screaming racism
And trampolines for their horses! 8)

Offline Bob Shillin

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Re: Travellers
« Reply #235 on: July 15, 2019, 06:28:15 PM »
Stopped for a lady in Dalkey last night, 2 shopping bags full of her belongings. Just got a barring order against her husband, 4 months pregnant, going to live with her mother. The last taxi driver called he a knacker and drove on " why did he not just ask me had I money?" She gave me €10 to take her to Dunlaoire, 10 stitches in the top of her head from him. 4 kids, the eldest girl doing well, and loves school, "I'ld be lost without her,, only for her I might kill myself, she is my only hope". Dropped her and returned her tenner, sometimes I have to remember my common humanity, not much to help anyone but Jaysus.
"Ring the bells that still can ring, forget your perfect offering, there is a crack in everything, that's how the light gets in". LC

Offline mercenary for hire

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Re: Travellers
« Reply #236 on: July 15, 2019, 06:41:01 PM »
Picked up a Traveller from the CCJ on Parkgate Street going up to the site beside Cloverhill prison and he said the cute Traveller women are getting loads of safety and barring orders against their men.So many that some men are having to sober up before they get back to the trailer.

Offline dalymount

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Re: Travellers
« Reply #237 on: July 15, 2019, 07:25:42 PM »
Bob that was very commendable of you ,and a nice gesture as well in the circumstances.you have to admit though,when tou pick up a cream cracker,there is more then a 50% chance you wont be paid.I have plenty of experience in that regard

Offline Dr. Martin Gooter Bling

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Re: Travellers
« Reply #238 on: July 15, 2019, 07:34:02 PM »
the akker dakkers love the sob stories.
if you hear three of my children have autism, the Gardaí raided my caravan last night, all my sons are dead etc. you better hold on to your cock.

Offline silverbullet

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Re: Travellers
« Reply #239 on: July 15, 2019, 08:38:12 PM »
Worse still...The guards took our Monkey!

 


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