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Surveillance footage of plaintiff in personal injuries proceedings contradicts evidence given on oath
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High Court dismisses personal injuries proceedings taken by plaintiff against owner/occupier of hotel premises arising from serious injuries sustained from a fall out of a bedroom window on the premises in 2009, in circumstances where surveillance footage taken by private investigators employed by the defendant covering the plaintiff's movements over the course of a year directly challenged the veracity of his injuries as presented in his evidence on oath; thus, the court found that his evidence was neither honest, credible nor reliable, and was intended to maximise any potential future reward.
Personal injuries - fall from open window of hotel bedroom - causation - reason for fall - breach of contract and/or misrepresentation, negligence and breach of duty - contributory negligence - background - plaintiff consumed three pints of stout earlier on same night - sat on window ledge smoking a cigarette falling backwards or sideways - plaintiff's contemporaneous recollection - cross-examination - plaintiff's partner's evidence - account of events given to members of an Garda Síochána - whether plaintiff intended to commit suicide - defence not established on balance of probabilities - engineering evidence - liability - window unsafe and constituted a danger - principles to be applied on contributory negligence - evidence of inebriation - apportionment of fault - plaintiff 40% liable for injuries sustained - claim in special damages regarding life-threatening injuries and resultant care requirements - evidence of rehabilitation consultant - plaintiff's capacity in day-to-day life - surveillance evidence against plaintiff - defendant's application to dismiss plaintiff's claim arising from information supplied by plaintiff to his experts - submissions made to court - principles to be applied - issue of exaggeration of evidence and its treatment at common law - legislative provisions - strict application - plaintiff's evidence neither honest, credible or reliable - whether dismissal of claim will result in injustice to plaintiff - no exceptional or other circumstances indicating injustice - claim dismissed - no evidence against second defendant as either the owner or occupier of premises or otherwise evidence of negligence - claim dismissed against second defendant.
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