AN insurance company had made allegations of fraud against a man left paraplegic in a road accident when there was no evidence to sustain the claims, a judge said yesterday.
Mr Justice John Quirke made the remark in the High Court after Quinn Direct withdrew claims that John Deegan (45), of Fortlawn Park, Clonsilla, Dublin, had sustained his injuries in a fall from a third- storey balcony in the Ballymun flats and not as a result of the road accident, as Mr Deegan had claimed. The judge said it was a "very serious" matter that such grave allegations were made in open court by "a very substantial and well-resourced company" when there was no evidence to support them and at a time when the company had in its possession a garda report stating there was no such evidence.
Des O'Neill, for Quinn Direct, said the allegation was made arising from false reports by others, including a report concerning a fall from a balcony.
The company now accepted the injuries sustained by Mr Deegan could not have resulted from a balcony fall, counsel said.
After exchanges between counsel and the judge yesterday, the insurance company withdrew all claims of fraud in the case but is also insisting Mr Deegan must fully prove all the facts of the road accident.
Mr Justice Quirke said he would not permit the company to allege fraud without providing specific particulars of that claim. Nor would he allow the company to reserve its position and see what emerged from the evidence. Mr Deegan is paraplegic and has a range of other severe injuries requiring full-time care for the rest of his life, the court heard.
He says these injuries were sustained after the car in which he was travelling as a passenger went out of control while travelling at speed on St Margaret's Road, Ballymun, on the night of November 5, 2001 and ended up overturned in a field close to the Ballymun flats.
Counsel for Mr Deegan said they had just yesterday received a crucial document from Quinn The action is expected to last several weeks