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High Court affirms Circuit Court ruling in personal injuries proceedings which found the defendant car rental firm liable to pay damages to the plaintiffs - who allegedly "set up" a road traffic collision in County Donegal in which the plaintiffs had significantly exaggerated the extent and effects of their injuries, on the grounds that it was not possible as a matter of probability that the incident was a "set up", and the plaintiffs are entitled to damages arising out of the injuries complained off.
Personal injuries – road traffic collision in Co. Donegal – appeal of Circuit Court ruling that found the defendants, Hertz Rent A Car, liable and made awards to each of the plaintiffs – gardaí noted that there were no complaints of injuries from the occupants of either car – Hertz claimed that the collision was a “set up” and that the plaintiffs had significantly exaggerated the extent and effects of their injuries – s. 26 of the Civil Liability and Courts Act 2004 – whether to dismiss the plaintiffs' personal injuries actions where the plaintiffs give or adduce, or dishonestly cause to be given or adduced, evidence that is false or misleading in any material respect that he or she knows to be false or misleading – the collision was not a “set up” – plaintiffs are entitled to damages arising out of the injuries complained off – award of damages made to each plaintiff.
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