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Judge dismisses personal injury claim by Galway man

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Judge dismisses personal injury claim by Galway man

Galway Bay fm newsroom - A judge has dismissed a personal injury claim by a Galway man stating that it's the kind of case that brings the whole system of personal injuries claims into disrepute.

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The whiplash type case was taken by Desmond McDonagh from Headford Road over an accident at Galway Shopping Centre in November 2013.

Desmond McDonagh claimed that a transport truck, being driven by James Dominick Dent, reversed into his car while it was stationery on November 9th 2013 at Galway Shopping Centre.

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Mr. Dent denied the claim and said Desmond McDonagh had driven his car into the truck.

Judge Michael Twomey said a week after the accident Desmond McDonagh went to his GP and it was recorded that he had a good range of movement in his neck and back.

Four years later, he told a doctor for the truck driver's insurers, that he had had a heart attack and the injury ruined his life.

According to today's Irish Times, he sued for whiplash-type injuries and damage to his car in the Circuit Court but the case was thrown out as being fraudulent.

He appealed that decision to the High Court.

In the High Court, Judge Twomey did not accept the evidence relating to McDonagh's claims of personal injury but he was satisfied that the truck reversed into the car.

He awarded Desmond McDonagh just over 2 thousand euro for the damage to his car but told him he would have to pay his own court costs, which would most likely be greater than the award.

The judge added that claims such as this, for alleged life changing injuries from minor accidents, bring the whole system of personal injuries claims into disrepute.

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