Scrambler Bike Claim Dismissed
Nathaniel Lacy LLP Managing Partner Nat Lacy successfully defended a High Court personal injuries claim arising from a crash involving a scrambler bike and a Kia Optima in Coolock, Dublin.
The matter was reported by The Irish Times under the headline: “Scrambler bike rider loses High Court claim following Dublin crash.”
The claim was brought by Dean Kane against Ciaran Hearns following an incident on September 27th, 2021, at Moatview Avenue, Glin Road, Coolock, Dublin 17. Mr Kane, who was driving a scrambler bike, suffered serious injuries in the crash.
The High Court dismissed the personal injuries action. In her judgment, Judge Carmel Stewart found that, due to inconsistencies in the Plaintiff’s evidence, she was not satisfied on the balance of probabilities that the crash occurred as a result of negligence on behalf of Mr Hearns.
The Irish Times reported that Judge Stewart found the case to be unsatisfactory in nature, particularly in relation to the manner in which the Plaintiff’s case changed throughout, and that she was not confident in the credibility of his evidence.
The claim was dismissed, with the matter of costs due to return before the Court.
This was a significant outcome in a defended High Court motor claim and reflects the firm stance maintained on behalf of the Defendant.