Author Topic: Judge Praises Taximan's Victim  (Read 278 times)

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Judge Praises Taximan's Victim
« on: April 26, 2021, 07:47:36 pm »

Judge praises personal trainer for posting workout videos so soon after he was injured by taxi driver in carpark

Gordon Deegan
April 26 2021 05:07 PM

A judge has praised a personal fitness trainer for posting workout videos of himself on social media shortly after sustaining injuries when a taxi driver drove at him.

At Ennis Circuit Court, Judge Brian O’Callaghan said it was to Kris Flynn’s credit and not to his debit that he was out promoting himself online so soon after a traffic incident in the Aldi car park in Ennis on June 11, 2017.

Judge O’Callaghan made his comments before awarding €18,500 in general damages to Mr Flynn (36) of Cappahard, Ennis, Co Clare, for the back, neck and shoulder injuries sustained and an additional €1,720 for medical and physiotherapy expenses.

An investigator employed by taxi driver Michael Maher’s insurers played a showreel of Mr Flynn working out at a gym lifting various weights to the court.

Two were posted the same day of the incident and counsel for Mr Maher's insurers, Donal O’Rourke BL, said the videos were being shown in court concerning the credibility of Mr Flynn.

However, Mr Flynn told the court that the videos were shot prior to the road incident and the first video of him where he is working out after the June incident was shot in October 2017.

Mr O’Rourke said that liability was admitted in the case and the case was before the court to assess the scale of damages to be awarded to Mr Flynn.

Judge O’Callaghan said nothing is being hidden in the videos and “Mr Flynn is to be complimented for continuing at his work despite his injuries”.

He said the videos were advertising and did not contradict Mr Flynn's claim in a material or fundamental way.

He said the two doctors who examined Mr Flynn’s injuries did so with the knowledge that he was back in the gym.

Judge O'Callaghan said Mr Flynn suffered symptoms to his shoulder/neck and had a traction type injury to his shoulder.

He said Mr Flynn is an expert on the workings of his own body “and knows where to push a certain shoulder unlike the rest of us”.

He said the circumstances in which Mr Flynn sustained the injuries “are nothing short of disgraceful”.

Mr Flynn said he ended up on the bonnet of Mr Maher’s taxi for 10m after the car was driven towards him at speed in the Aldi carpark in Ennis.

Mr Maher left the scene and Mr Flynn was able to get his registration plate after taking a photo with his mobile phone.

Mr Flynn’s daughter, Isabel, then aged nine, was in his nearby car at the time of the incident.

Speaking after the case, Mr Flynn said there was “huge relief" at the judge’s ruling and comments.

"This has dragged out for almost four years, and to have it end, go in my favour and then to have the judge speak so positively about me was about as good an ending as possible,” he said.

“To exercise it really was the best pain management I could find.

“I had initially gone to my GP a few days after the incident. Between December 2017 up to now I had about a dozen medical assessments and made sure to be transparent about being active.”

Mr Flynn said that at one stage “my own legal team contacted me saying that the insurance company was aware that I've been posting exercise videos and it would probably be better to set everything to private”.

"I disagreed and said I've been honest about exercising and also I’m a self-employed single father and need to advertise my business.

“I believe honesty is the best policy and I turned down an offer (before court) that would have barely covered my legal costs and opted to go before the judge.

“I've been extremely active my entire life and I'm also educated in the area and was very comfortable with what I can and can't do. At the second follow up with my GP he said my level of activity most likely prevented me getting injured worse in the incident.”


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