‘Cripple’ accused of ‘sham case’ withdraws injuries claim

A court claimant suing for injuries from a workplace accident and a car crash who was videoed moving freely after presenting as “a cripple” to a doctor, withdrew his case on the fifth day of the action at the High Court.

The plaintiff had been accused of mounting a sham case.

Before any evidence was given yesterday, Mr Justice Éamon de Valera arrived in the Cork court to be told that Tomasz Ewertowski’s case was over.

Tom Creed, for the plaintiff, said: “In relation to Mr Ewertowski and [the case against] William Cox Ireland Ltd [his employer] and PJ Hegarty Ltd, my instructions from the plaintiff are to withdraw the action.

“In relation to the action against Finbarr Twohig [of 69 Hollyville, Hollyhill, Cork, the driver of a car allegedly involved in a minor collision with the plaintiff’s car], my instructions from Mr Ewertowski are to withdraw that action.”

Mr Ewertowski, of Forrest Ridge Crescent, Wilton, Cork, said under cross-examination during the case that he had good days and bad days, and that he could move around after taking strong painkillers.

Liam Gaynor, defending, accused the plaintiff of trying to explain away the video evidence by reference to what the lawyer called, “good day/bad day syndrome”.

The video of Mr Ewertowski was recorded on May 28, 2012, the date he attended to be seen by consultant Kieran Barry.

He is first seen being assisted out of the passenger seat of a car and given a rollator (wheeled walking frame) to help him walk into Mr Barry’s rooms.

Mr Gaynor suggested that, in summary, Mr Ewertowski presented as “crippled” and “totally disabled”, and totally reliant on appliances such as the rollator or crutches to get around.

Commenting on the video shown in court a number of times, Mr Gaynor said it showed the plaintiff shuffling out of Mr Barry’s rooms and into the passenger seat of the car. Some 15 minutes later, he was seen getting into the driver’s seat, driving around for a lengthy period, going home, getting out of the car without the walking frame, and appearing to walk freely, albeit with a slight limp.

Mr Gaynor said Mr Ewertowski was then seen bending almost to a right angle to replace some part of the engine of his car.

Mr Ewertowski was employed by William Cox Ireland Ltd, which was contracted by PJ Hegarty Ltd to install glass at Blackpool Shopping Centre on Jan 30, 2008. He said he fell on that day while going to get a pane of glass, while working for William Cox.

The second incident happened on July 15, 2011, when a friend was driving him to St Mary’s hospital in Gurranabraher for treatment for the injuries sustained in the workplace accident. Their car was struck from behind at a pedestrian crossing by another car, driven by Mr Twohig.