Two friends with long history of personal injury claims have latest cases dismissed

Sunday World

11-05-2025

Judge had been urged to 'join the dots' in case at Tullamore Court
Two friends with a history of personal injury claims and road traffic accidents have had their cases dismissed after a judge found their evidence to be 'misleading and inconsistent'.
Kieran Joyce and Francis Kerrigan Sr issued proceedings after alleging that a car they were travelling in veered off the road and hit a traffic pole following a night out in Birr, Co Offaly, on February 10, 2019.
The Ford Fiesta was being driven by James Kerrigan, Mr Kerrigan's son.
Both plaintiffs said Mr Kerrigan claimed an animal had run in front of the car, but neither of them had seen it because they were 'dozing off' and 'drunk'.
A GP who examined Mr Joyce on behalf of the defendant, Axa Insurance, said in his medical report that he believed he was 'trying to fabricate how bad he is'.
'I have trouble believing a five-year-old is helping him out of bed,' Dr Alan Moran said.
Francis Kerrigan Sr (left) and Kieran Joyce outside Tullamore Court. Photo: Frank McGrath
'Misleading and inconsistent' - two friends with history of multiple personal injury claims have cases dismissed
Mr Kerrigan Sr also failed to disclose at least eight other accidents he was involved in, some of which resulted in payouts.
Mr Joyce and Mr Kerrigan Sr did not attend Tullamore Circuit Court yesterday for Judge Chris Callan's ruling.
Judge Callan said he had concerns about the veracity of their evidence after both failed to disclose previous injuries and accidents they had been involved in.
He noted how Mr Kerrigan had been in 'at least eight' crashes with family members in 1995, 1997, 1998, 2000, 2010, 2011, 2012, 2015, 2016 and 2019.
Four passengers in the car received a total of €100,000 for personal injuries arising out of that accident. Mr Joyce had rear-ended a vehicle in front of him
Judge Callan said he was concerned that 'no direct evidence' about how the alleged accident happened was given to the court, describing it as 'hearsay'.
He questioned why James Kerrigan did not come home from America to give his version of events.
Judge Callan noted how a garda who visited the scene said that neither of the plaintiffs had complained of injuries at the time. There was no damage to the traffic pole, while the left bumper had a 'light scrape'.
However, when a motor assessor inspected the vehicle some time after the crash, there was damage above the right wheel arch.
'If this was caused by the pole, you'd expect damage to the pole,' Judge Callan said. 'It is not consistent or similar to the reference in the garda abstract'.
He said Mr Joyce was 'not consistent or forthcoming in relation to previous injuries and changed his position in cross-examination'.
'Mr Joyce's direct evidence was only seven minutes, while he was cross-examined for over an hour,' Judge Callan said.
The plaintiff, who told the court he previously played football for Shelbourne FC, had a trial for Celtic and played GAA with Dublin minors, had failed to tell the court he was involved in a serious road traffic accident in October 2018 on the Dundalk Road in Dublin, four months before the incident at hand.
Four passengers in the car received a total of €100,000 for personal injuries arising out of that accident. Mr Joyce had rear-ended a vehicle in front of him.
The court heard how he had previously brought two successful claims after separate accidents in 2012 and 2015.
Kieran Joyce
Elaine Hanniffy BL, for the defendant, stated he was represented by Paula Tiernan Solicitors in both those claims and was awarded €7,000 and €8,000 respectively.
Ms Hanniffy said: 'You have been involved in multiple incidents and various different assaults with hurleys and a baseball bat. It's far more likely that any conditions you have were as a result of these.
'You apparently forgot you were involved in an accident that was of such severity that a lady's car was crushed'.
Mr Joyce claimed he suffers from memory loss after suffering head injuries. He said he had to give up football, and that his wife and children had to pull him out of bed some mornings following the crash in 2019.
In relation to Mr Kerrigan Sr, two medical reports by a Dr Sean O'Rourke were presented to the court, which diagnosed him as having a soft tissue injury.
Judge Callan said 'evidence of the previous incidents and injuries are of significance'.
'When one compares his evidence in chief, where he refers to one incident only, and the evidence listed in cross-examination, one must question the veracity of his evidence,' he said.
Counsel said her client had 'mental health issues' and indicated he would not be able to attend court at any time in the near future
Mr Kerrigan said he did not remember some of the incidents, and initially did not recall another accident involving an animal and his son, Francis Kerrigan Jr, in 2010.
'You've had so many you can't remember?' Ms Hanniffy said.
'I'm just unlucky, I suppose,' Mr Kerrigan replied. 'It's one of them things.'
Ms Hanniffy, instructed by Nathaniel Lacy and partners, said there was 'a history of personal injury claims involving his two sons and mystery animals'.
Mr Joyce, Mr Kerrigan Sr and Mr Kerrigan Jr had sued James Kerrigan, who was insured by Axa, following the alleged incident.
Before the case proceeded on Tuesday, Mr Kerrigan Jr withdrew his claim. His counsel, Rosalynn McVeigh BL, instructed by Enda P Moran solicitors, said her client had 'mental health issues' and indicated he would not be able to attend court at any time in the near future.
Ms Hanniffy pointed out how the case had been adjourned on a number of occasions previously to enable Mr Kerrigan Jr to attend.
Francis Kerrigan Sr
Multiple witnesses including two doctors, two motor assessors and claims inspectors from insurance companies that had paid out for previous claims by Mr Joyce and Mr Kerrigan Sr attended the hearing.
Ms McVeigh said Mr Joyce and Mr Kerrigan Sr had sustained soft tissue injuries and argued that their medical reports were consistent.
However, Judge Callan disagreed. He said the evidence of Dr Moran, in particular, was 'compelling'.
Francis Kerrigan Sr (left) and Kieran Joyce outside Tullamore Court. Photo: Frank McGrath
News in 90 seconds - 11th May 2025
Dr Moran, who assessed Mr Joyce on behalf of the defendant, said there were some 'yellow flags'.
When inspecting Mr Joyce's lower spine, the plaintiff was 'pushing' his back into his hand.
'Normally, they [patients] withdraw or move away from you when touching an area of pain. He was doing the opposite, which is a contradictory sign,' he said.
She said it 'was not credible' for a plaintiff to turn up to court saying he 'doesn't remember, I've memory issues'
When making her final submissions, Ms Hanniffy had urged Judge Callan to 'join the dots' regarding their previous history of claims and their inconsistent evidence.
She said it 'was not credible' for a plaintiff to turn up to court saying he 'doesn't remember, I've memory issues'.
Ms Hanniffy referenced Section 26 of the Civil Liability Act, which allows a case to be dismissed if false or misleading evidence is produced.
Judge Callan dismissed both claims and awarded costs in favour of the defendants.
'It is clear that their evidence was misleading to the court. In so far as Mr Joyce, the nature and extent of existing and pre-existing injuries, and with Mr Kerrigan, the nature and extent of previous incidents of a similar nature,' he said.
A spokesperson for Axa Insurance said: 'Axa welcomes the result of today's court case, as it fully vindicates the stance taken by our special investigation unit in relation to such claims.
'We will continue to defend cases of this nature.'