Compo claim against Blizzards bass player over road collision is dismissed

Alexandru Ghirculesei (35) took a case against Anthony Doran after an incident on October 6, 2017, in the Belvedere Hills estate in Mullingar.

The plaintiff claimed he suffered soft-tissue injuries to his neck, right shoulder and back, and experienced a number of episodes of vomiting, after his car was in a collision with the defendant’s.

At a previous hearing, the legal team for the defendant, instructed by Axa Insurance, alleged that the plaintiff had been involved in another personal injury claim which had not been disclosed.

It was alleged that a plaintiff with the same name, date of birth and PPS number as the claimant in the current case received a payout of €9,000 for whiplash after being rear-ended in the Dublin 7 area.

However, the plaintiff denied this was him and claimed somebody else must have used his details.

A doctor who had been invited to give evidence in the case did not appear and no finding was made as to whether the person involved in the previous claim was the plaintiff in this case.

Both the plaintiff and defendant gave different versions of how the incident occurred.

Mr Ghirculesei, who gave evidence via an interpreter, argued the accident happened due to the negligence of the defendant.

He claimed he parked in front of a friend’s house and was hit from behind by another vehicle and said that the defendant admitted liability.

The garda invited to give evidence said he did not recall Mr Doran admitting liability.

Mr Doran said the plaintiff pulled out in front of him.

The Blizzards musician was watching a soccer match and at half-time he left his apartment to go to the shop to get groceries.

He was driving towards the exit of the estate and recalled a car parked on the right-hand side of the road near a row of houses where the accident occurred.

As he passed the parked car, another car appeared and there was a bang.

He believed the plaintiff reversed out of a driveway. Gardaí were called to the scene and insurance details were exchanged, but Mr Doran gave evidence that nobody complained of an injury.

In his affidavit, Mr Ghirculesei said he developed pain in the days following the accident.

He works as a general operative in Co Kildare and had to take a number of days off work “in the hope the pain would subside”.

He attended Naas General Hospital a week later for “investigation and reassurance”.

An X-ray examination showed no sign of a bone injury but he said there was tenderness in his neck and shoulder muscles. He was prescribed painkillers and was advised to consult a GP if his symptoms persisted.

An engineer said the damage was consistent with the plaintiff coming out of a driveway.

Judge Karen Fergus said “on the balance of probabilities” the plaintiff likely reversed from the driveway into the defendant and the collision caused the car to be pushed into place.

The claim was dismissed at Portlaoise Circuit Court on the grounds of liability.

Costs were awarded against the plaintiff and a stay was put in place in the event of an appeal being granted.

A spokesperson for Axa Insurance said: “We will always defend cases of this nature to support our policyholders.”