Family linked to 26 personal injury claims face €150,000 costs after new cases thrown out
Ray Managh
A Co Dublin family linked to 26 previous personal injury claims now face a bill for legal costs of up to €150,000, after six separate new claims for damages totalling €360,000 against a motorist were rejected by a judge.
Frank Gaynor and his wife Sylvia, both aged 60, and four of their family, suspected of seeing “what was coming down the track” at them in their latest cases, failed to appear in the Circuit Civil Court on Wednesday.
Barrister Paul McMorrow told Judge Christopher Callan that none of the six, who allege they suffered whiplash injuries in a rear-ending traffic accident seven years ago, had turned up to advance their cases and had been earlier directed by the court to decide whether they were going ahead with them or not.
Plumber and taxi driver Frank Gaynor and his wife, of Drishoge Manor, Oldtown, Co Dublin, had led objections in October last year to their solicitor being allowed to pull out of their case, due to a breach of trust, but have not been seen in the Circuit Civil Court since.
Their solicitor had felt unable to successfully challenge a full defence that had been entered by Allianz, insurers of motorist Brien Stenson, Carrs Mills, Donabate, Co Dublin, who the Gaynors were claiming had rear ended them.
Their daughters Nicole (35) and Jazmin (33), together with brothers Frank Junior (33) and Reece (21) had ed their parents in claims for up to €60,000 damages each arising from the accident near the Hilton Hotel on Malahide Road in April 2018.
Mr McMorrow, who appeared with Karen Cahill of Nathaniel Lacy solicitors, told the court the defendant wanted all of the Gaynors to prove every single allegation they had made in their personal injury claims.
Counsel said Mr Stenson and his insurers alleged that the extent of their injuries could not possibly have arisen from such a collision as had occurred.
He told the court that despite not having appointed new solicitors the family would be capable of representing themselves as they were well acquainted with legal proceedings having been linked to 26 previous claims.
“The defendant wishes to have a court order that these proceedings be brought to an end today,” Mr McMorrow said. “The Gaynor family has been given a fair chance and had been advised they could appoint new solicitors but have not done so.”
Judge Callan said the court noted the cases had been set down for trial on May 7th and there had been no appearance at that time nor again on Wednesday when the case had been put in for mention to see whether or not they intended to proceed with the prosecution of their claims.
He dismissed every claim brought by the Gaynors and made orders for legal costs against each one of them.
