Twomey -v- Crean & Anor [2005] IEHC 27 (10 February 2005)

Twomey -v- Crean & Anor [2005] IEHC 27 (10 February 2005)

The plaintiff failed to discharge the burden of proof against the second defendant due to lack of credibility and inconsistencies in his evidence; the court accepted the second defendant's version of events as more probable. Judgment in default against the first defendant stands, with damages assessed at €50,000 for the plaintiff's injuries.

Citation
[2005] IEHC 27
Parties
Plaintiff: Martin Twomey; First Defendant: Keith Crean; Second Defendant: Michael O’Donoghue
Jurisdiction
Ireland
Judgment Date
10 February 2005
Procedural Posture
Personal Injury Claim / Judgment After Trial; Assessment of Damages Against First Defendant in Default, Dismissal Against Second Defendant
Outcome
Claim dismissed against the second defendant; judgment for the plaintiff against the first defendant in the sum of €50,000.
Legal Topics
Personal Injury, Negligence, Assessment of Damages, Credibility of Witnesses, Default Judgment
Tort Law Personal Injury Negligence Assessment of Damages Credibility of Witnesses Default Judgment

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Parties

Martin Twomey

Plaintiff

Keith Crean

First Defendant

Michael O’Donoghue

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial; Assessment of Damages Against First Defendant in Default, Dismissal Against Second Defendant

Legal Issues

  1. 1 Whether the accident occurred as alleged by the plaintiff or as alleged by the second defendant
  2. 2 Whether the plaintiff discharged the burden of proof against the second defendant
  3. 3 Assessment of damages for injuries sustained

Ratio Decidendi

The plaintiff failed to discharge the burden of proof against the second defendant due to lack of credibility and inconsistencies in his evidence; the court accepted the second defendant's version of events as more probable. Judgment in default against the first defendant stands, with damages assessed at €50,000 for the plaintiff's injuries.

Court Disposition

Claim dismissed against the second defendant; judgment for the plaintiff against the first defendant in the sum of €50,000.

Orders

  • Claim against second defendant dismissed
  • Judgment for plaintiff against first defendant for €50,000