Circuit Civil Court President, Mr Justice Raymond Groarke, has dismissed an injury claim for a crash in a car park after finding the plaintiff deceitful.
Rita Milinovic from Citywest in Dublin made an injury claim for a crash in a car park after being reversed into by a van on 5th April 2014. Twenty-nine year old Rita claimed that the “minor collision” had left her with a back injury that prevented her from working as a waitress, and that she had to eventually give up her job as the pain in her back prevented her from carrying plates.
Rita claimed €60,000 compensation against the van driver, Paul Ferris, and his employer – O´Dwyer Property Management Limited. Both defendants contested the claim on the grounds of the value Rita had assigned to it, and the case went to the Circuit Civil Court, where it was heard by Mr Justice Raymond Groarke.
When it was Rita´s turn to give evidence, she winced in the witness stand as she told the court about the injury she had suffered and the impact it had on her quality of life. However, the injury claim for a crash in a car park collapsed when barristers representing the defendants presented Judge Groarke with photographs taken from Rita´s Facebook page.
The photographs were of Rita working out in a Dublin gym and at the top of Bray Head six weeks after her accident. Further photographs showed Rita in a bikini competing at an international body sculptor competition. The barristers offered the opinion to the court that Rita´s claim for a crash in a car park was a lie from beginning to end.
Judge Groarke accepted that the photographs of Rita competing in a body sculptor competition would not have required much physical effort, but those of her in the gym depicted a scenario “which somebody with a bad back would certainly not be engaging in.” The judge added: “Trying to be as politically correct as one can be in this situation, it doesn’t look like a person with such a fine physical physique as Ms Milinovic could have been suffering a great deal of pain.”
Judge Groarke said that the law demands that people come to court in total honesty and, while Rita might have sustained some degree of injury in the car park crash, there was a question mark over how deceitful she had been with the court. The judge dismissed Rita´s injury claim for a crash in a car park and ordered that she pay the defendants legal fees and court costs.