Ex-prisoner gets €9k following hackney crash

THREE former prisoners travelling in a cab in the Blarney area all moaned “oh my back, my neck” when the vehicle was struck from behind by another car, a compensation case heard yesterday.

David Mackessy, who is in his mid-20s and from The Close, Rochestown, Cork, sued for compensation at Cork Circuit Court, where defence barrister James Duggan suggested that the three passengers were passing a phone between each other during the journey from Cork city to Tower, Blarney.

Mr Duggan asked Mr Mackessy if he was sure he did not know the driver of the car that collided violently with the back of the hackney cab.

The plaintiff replied that he did not know the driver and added: “What are you trying to imply?”

Mr Duggan asked the plaintiff why the other two passengers on the night — both originally from Drogheda — were not in court to give evidence.

Mr Mackessy said one had to sign on for social welfare and mind children and the other was going on holidays.

The defence barrister asked the plaintiff: “Are you sure you did not know the driver of the car (which crashed into the cab)?” Mr Mackessy said: “I am 100% certain. All I remember was getting an unmerciful bang.”

Judge Patrick J Moran took the view that the plaintiff had established negligence against the Motor Insurance Bureau of Ireland (MIBI), which was part of the case because the driver of the car in question was never identified after he fled the scene. The judge said there was absolutely no fault against the cab driver.

He awarded €9,000 compensation to Mr Mackessy. The case may be appealed by the MIBI.

While he found in favour of Mr Mackessy, Judge Moran said: “The inference of the defence being raised by the MIBI was that this was a set-up accident.”

Judge Moran said that because of this inference he had questioned the hackney driver about whether he heard any description of his Opel Vectra being given over the phone from the car by any of the three passengers.

The hackney driver, John Swann, said he did not hear any such description being given by the passengers in advance of the incident.

Mr Swann testified that because it was a hackney car it looked like a normal privately owned car as it had no taxi-type markings. He said the rear-ending at 11pm on August 30, 2009, forced his car against a high footpath and a boulder and it ended up embedded in a tree.