A family from Co Dublin associated with 26 previous personal injury claims is now facing legal cost liabilities of up to €150,000 after a judge dismissed six new claims totalling €360,000 in damages, reports Breaking News.
Frank and Sylvia Gaynor, both 60, along with four family members, were absent from the Circuit Civil Court on Wednesday for their latest case, in which they alleged whiplash injuries from a road traffic collision.
Barrister Paul McMorrow informed Judge Christopher Callan that none of the six claimants had attended to pursue their cases, despite earlier court instructions to clarify whether they intended to proceed, reports Breaking News.
Frank Gaynor, a plumber and taxi driver, and his wife, both of Drishoge Manor, Oldtown, Co Dublin, had previously objected in court last October when their solicitor requested to withdraw due to a breach of trust. Since then, none of the family have appeared in court.
Their solicitor had deemed it impossible to contest a full defence submitted by Allianz, the insurer of Brien Stenson of Carrs Mills, Donabate, Co Dublin. The Gaynors had claimed Mr Stenson had rear-ended them in a 2018 collision, reports Breaking News.
Nicole (35) and Jazmin (33), along with brothers Frank Junior (33) and Reece (21), had joined their parents in seeking up to €60,000 each for the alleged injuries sustained in the incident near the Hilton Hotel on the Malahide Road in April 2018.
Mr McMorrow, representing the defence with Karen Cahill of Nathaniel Lacy solicitors, told the court that Mr Stenson and Allianz required the Gaynors to substantiate each of their injury claims, reports Breaking News.
He argued that the alleged injuries could not realistically have resulted from the minor nature of the crash.
Mr McMorrow noted that although the family had not appointed new solicitors, they were “well acquainted with legal proceedings” due to their involvement in 26 prior claims, and were capable of self-representation.
“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,” reports Breaking News.
Judge Callan acknowledged that the trial date had been set for May 7th, but the claimants had failed to appear both then and again on Wednesday, when the court reconvened to confirm their intentions.
He proceeded to dismiss all six of the Gaynor family’s claims and issued cost orders against each of them, reports Breaking News.
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