An Irish Examiner news report from Cork District Court of the unrelated incident involving the obstruction of gardaí by jumping on the bonnet of the car was put into evidence during Kieran Noonan’s High Court action against Cork City Council.
Mr Justice Kevin Cross also referred to other evidence put forward by the local authority by way of challenge to the credibility of the plaintiff, Kieran Noonan of 17 Hollyville, Hollyhill, Cork.
Mr Justice Cross also noted that the plaintiff’s credibility had been attacked on the basis of alleged failures to disclose a history of other claims and accidents. However, the judge found that the plaintiff was frank in his direct evidence in the witness box on such issues.
The defence also challenged the plaintiff for taking photographs of the footpath where the disputed accident occurred. Mr Noonan had contacted his solicitor, William Harvey, who advised him to photograph the location as soon as possible.
Mr Justice Cross rejected the suggestion by the defence that the plaintiff “went looking for a piece of broken pavement” in order to “construct” the accident in some way.
The judge said the only witness to the accident, apart from the plaintiff, was his friend who was walking beside him, who could only testify that Mr Noonan, aged 42, fell but he did not see what caused it.
The judge said if the claim was fabricated one would have expected the evidence of an eyewitness to include the exact cause of the fall.
“It is clear the accident happened where he said it happened and that the cause was the defective footpath,” the judge said at the High Court sitting in Cork.
Mr Justice Cross also found the injury was significant and slow to heal. The bones did not mend despite three separate surgeries. Fractured bones had to be fused in a fourth surgery.
The accident happened in the early hours of May 31, 2015, when the plaintiff was returning home from a friend’s house at Ardmore estate in Hollyhill.
The judge awarded €55,000 for pain and suffering to date, €40,000 for the future and just over €2,000 in special damages.