Claim Dismissed at Circuit Court

Nathaniel Lacy LLP’s SIU team, headed by Donna Kerrigan, Partner, recently acted in the defence of Brady v Morgan, which came on for hearing before Judge Callan at Cavan Circuit Court.

The matter was defended on behalf of AXA on the basis that it was denied that the accident occurred as alleged.

The Plaintiff alleged significant injury and gave evidence of a forceful impact. Evidence was called from Tony O’Keeffe Engineers and Edge Anderson Assessors, both of whom were in a position to confirm that the damage to the Plaintiff’s vehicle was not consistent with the evidence given by the Plaintiff. There was no damage to the Defendant’s vehicle.

In delivering his judgment, Judge Callan referenced the clear contradiction in the evidence before him. He remarked that he felt there would have been damage to the Defendant’s vehicle if the accident had occurred as alleged by the Plaintiff.

Judge Callan found that the Plaintiff had not overcome the first hurdle of convincing the Court, on the balance of probabilities, that the accident had occurred as alleged. The Plaintiff’s claim was dismissed and costs were awarded in favour of the Defendant.

This was a significant outcome for AXA and reflects the work of AXA’s SIU department and Nathaniel Lacy LLP’s dedicated SIU team, headed by Donna Kerrigan, Partner.

The outcome was achieved through the expertise of Nat Lacy, Managing Partner, and his team, together with Counsel, Hugh Mohan SC and Elaine Hanniffy BL, who maintained a firm stance throughout the matter.