Video of personal trainer lifting weights in a gym reduces her €60k injury claim to €7.5k

The woman told the court she still suffered with back and neck injuries particularly after sitting for long periods

Shane English, who appeared with Liz Lyons of Hayes McGrath Solicitors for Dualway, in cross-examination had challenged Cleere’s credibility with regard to the extent of her injuries and played a video of weight lifting exercises she had posted on Instagram following the accident.

A video of a personal trainer performing various weight lifting exercises in a gym was overwhelmingly against her, a judge said today when awarding the 24-year-old woman €7,500 damages in a €60,000 personal injuries claim.

Sorcha Cleere, a former cabin crew attendant for Stobart Air and currently a civil servant, was injured when a coach taking her from Dublin Airport collided with a German motorist who stopped suddenly on the nearby M1 roundabout.

Judge James O’Donohoe heard in the Circuit Civil Court that Cleere had qualified as a personal trainer following the August 2019 accident but had later given up the job as unsuitable and was now a civil servant.

Her barrister Maeve Cox, who appeared with John O’Leary Solicitors, told the court Ms Cleere had struck her jaw against a bar on the seat in front of her, had come free of her safety belt and had fallen on the floor as a result of the collision. Liability had been conceded by Dualway Coaches, Rathcoole, Co. Dublin, and the case had become an assessment.

Shane English, who appeared with Liz Lyons of Hayes McGrath Solicitors for Dualway, in cross-examination had challenged Cleere’s credibility with regard to the extent of her injuries and played a video of weight lifting exercises she had posted on Instagram following the accident.

Cleere, of Carrigwood, Firhouse, Tallaght, Dublin 24, told the court she still suffered with back and neck injuries particularly after sitting for long periods. She said the gym exercises were part of a recovery regime that had been suggested for her by her physiotherapist and to promote herself as a personal trainer.

Judge O’Donohoe said the video footage portrayed a far different set of circumstances as to the reality of the extent of her injuries and was overwhelmingly against her. He accepted Ms Cleere had suffered a pretty bad jolt in the accident and had suffered an injury to her jaw and some mild degree of pain to her back and neck injury.

“I have to say that I don’t accept she has suffered the degree of injury that she portrays and certainly not a chronic injury,” Judge O’Donohoe said. “I will make an award commensurate with how I see the injury having played out.” 

Awarding her €7,500 damages and District Court costs with a certificate for counsel, he made an added award of €1,250 for special expenses and loss.