Prisoner withdraws car accident compo claim

A senior High Court judge has welcomed a decision by an inmate at Mountjoy Prison to withdraw his damages action over serious personal injuries he claims he suffered in a road traffic accident.

The withdrawal of the claim was welcomed by Ms Justice Leonie Reynolds on Thursday afternoon after the judge had earlier raised strong concerns about the continuation of 31-year-old Paul Brannigan's claim.

The judge, who had earlier told the plaintiff to consider his position, said that such were the courts concerns about the evidence being advanced by the plaintiff that had the hearing progressed the case may have had to be "referred elsewhere."

The judge added that as well as valuable court time being expended to hear the case, which commenced on Wednesday, taxpayers' money had also been expended on bringing the plaintiff to court from Mountjoy Prison.  

Brannigan. formerly of Balrath, Co Meath and Ratoath Drive, Finglas in Dublin and currently incarcerated at Mountjoy, sought damages over injuries he sustained that occurred when the motorcycle he claimed he was a pillion passenger on, was in a collision with a motor car.

While he was wearing a helmet at the time, of the accident he claimed he suffered injuries including a compound fracture of his left upper arm, head injuries, and a ruptured spleen which required emergency surgery to treat.

The accident occurred on December 9th 2013, at Broombridge Road, Dublin 7.

He had claimed that he did not know and could not remember the identity of the driver of the motorcycle at the time of the accident.

Mr Brannigan claimed he was knocked unconscious following the alleged collision, resulting in his memory of the accident and the identity of the motorcycle drivers being substantially impaired.

Arising out of the alleged negligence of the driver of the motorcycle and the car, he sued parties including the Motor Insurers Bureau of Ireland (MIBI) and the driver of the car allegedly involved in the accident.

Both the MIBI, which was sued as it is the body which compensates victims of uninsured and untraced drivers, and the driver's insurers FBD opposed the action, and denied that the accident happened as alleged.

In their defence it was claimed that Mr Brannigan was the driver of the motorcycle, and that the accident did not occur in the manner alleged.

The case opened before Ms Justice Reynolds on Wednesday.

However, as the hearing progressed the judge expressed the court's concerns about the manner in which evidence was being presented and advised the plaintiff and his lawyers to consider their position. 

On Thursday afternoon Mr Brannigan's counsel Richard McDonnell SC told the judge that the case had been "resolved", that his client was withdrawing his claim, and the case could be struck out. 

It was further agreed that an order for costs could made in favour of two of the defendants the Motor Insurers Bureau of Ireland  (MIBI) and the driver of the car allegedly involved in the accident.

The MIBI and the driver of the car, who were represented by Colm Condon SC and Conor Kearney Bl, instructed by Stephen McKenzie & Co Solicitors opposed the action on grounds including that Mr Brannigan had been the driver of the motorcycle and had consciously refused and declined to identify the driver of the motorcycle.

He had also refused to fully co-operate with the Gardai in relation to the accident, it was claimed.

The driver of the car was not negligent, and the MIBI was not obliged to compensate Mr Brannigan for the injuries he allegedly sustained, it was further argued.   

The purported owner of the motorcycle, Alan Tyrell with an address at Hazelcroft Gardens, Finglas South, Dublin 10 was also sued for alleged negligence. 

Mr Condon told the court his side never dealt with Mr Tyrell, who he said did not participate in the action, and the court struck out the claim against him.

In 2018 Brannigan was jailed for the assault of Jason Saunders at Fassaugh Avenue, Cabra on March 18, 2014. Mr Saunders was 21 when he died yards from his home after the altercation.

Following a trial before the Circuit Criminal Court he was convicted of one charge of assault relating to Brannigan striking a man with a golf club.

He was subsequently sentenced to a prison term of 2 years and 10 months.

At the time of his sentencing, he had already served some 22 months in custody.

Brannigan had denied the manslaughter and two charges of assault causing harm to Mr Saunders.

The assault took place after a St Patrick's Day house party during which, the court heard, alcohol and drugs including ecstasy were being taken.

The jury acquitted him of the other assault arising from Brannigan head-butting Mr Saunders which Brannigan said he did in self -defence.

Following his trial in 2018 a jury were unable to reach a verdict on the manslaughter charge.

That was the second time that a jury had been unable to reach a verdict on that particular charge, and the DPP opted not to seek a third trial.

He is serving his current prison sentence in respect of convictions for other offences, Ms Justice Reynolds was told.