An irate motorist who remonstrated with a woman after she “tipped” the back of his car was unaware the incident was being watched by two undercover gardaí, a court has been told.
One of them told the Circuit Civil Court that Patrick Flanagan (33), Walkinstown Road, Dublin, had been “hostile, aggressive and intimidating” to teacher Eilis O’Brien.
Ms O’Brien (32) said she had stopped behind Mr Flanagan’s car at traffic lights in Walkinstown. Her foot had slipped off the clutch and her car had tipped into the back of his.
Mr Justice Matthew Deery, dismissing a €38,000 damages claim by Mr Flanagan against Ms O’Brien, said she and the gardaí had been unable to detect any damage to either car.
Awarding costs against Mr Flanagan, the judge told John Martin, for Ms O’Brien, that he was of the firm conclusion Mr Flanagan was trying to make a very large case out of an impact of little or no significance.
Mr Martin said Mr Flanagan had accepted an €18,000 settlement for injuries he received in another incident in February 2010. He had recovered from those injuries in less than seven months despite his car having been driven 20 feet up the road.
Mr Justice Deery said he was now claiming damages for ongoing injuries 18 months after an incident in June 2011.
Ms O’Brien, Inchicore, Dublin, said he was shouting at and intimidating her. When the gardaí got out of their car, they told him to “back off a little”. He had suddenly fallen to his knees complaining of pain in his back.
Mr Flanagan, unemployed, claimed he had been “violently thrown forwards and backwards by the impact” which had injured his lower back.
Mr Justice Deery said a Robert Doyle who had provided a letter for Mr Flanagan relating to loss of work opportunity turned out to be married to his sister.