A judge has told two brothers he found it absolutely extraordinary they should have sustained instantaneous serious injury such as warranted them remaining motionless in a car while waiting for an ambulance to arrive.

Throwing out both of Keith and Terence Piercy’s €60,000 damages claims, Circuit Court President Mr Justice Raymond Groarke told them they had been involved in a minor contact collision which had not resulted in any injury to anybody.

Judge Groarke awarded legal costs against Keith (29) of Cushlawn Park, Killinarden, Tallaght, Dublin 24, and Terence (30) of Cherry Orchard Crescent, Ballyfermot, Dublin 10.

Barrister Shane English, counsel for the defendant Joseph Lawrence, (23) of Liffey Hall, Lucan, Co Dublin, said the Piercy brothers claimed they had suffered “severe personal injury” and had to remain seated in their father Raphael Piercy’s car until an ambulance arrived.

Raphael Piercy (52) of Croftwood Crescent, Ballyfermot, told the Circuit Civil Court that on 8th October, 2016, he had stopped his Nissan Micra at traffic lights on Station Road, Clondalkin, when he felt a bang and a push forward about six feet. His legs were like jelly and his two sons were in agony in the back of the car.

Garda Derek McGuinness said he had been passing the scene of the incident and had been waved down. He examined both cars and was of the opinion there had not been any impact to cause damage to the cars.

Lawrence told Mr English, who appeared with Crowley Millar Solicitors, that he had not hit the Nissan Micra and was annoyed at what he was being accused of.

Judge Groarke said there had been a straight conflict between the parties as to what had happened and the two plaintiffs said there was a severe impact while Mr Lawrence had told the court there was no such impact.

“Was there a severe impact or no impact?” Judge Groarke asked.  “I am satisfied there was an impact between the two vehicles that caused little if any damage to either vehicle.”

Judge Groarke said the two Piercy brothers never got out of the car to see what damage if any had been caused.  They had no interest and made no inquiries whatsoever.  Their father had been involved in a heated discussion with the other driver yet they did not leave their car, the reason being, they said, that they had been so badly injured.

When the gardaí had arrived they had demanded an ambulance to take them to hospital.

“I find it absolutely extraordinary that these two men could have sustained instantaneous serious injury such as warranted that they remain motionless in the car awaiting an ambulance,” Judge Groarke said.

Dismissing both their claims he said there had been minor contact between the vehicles which did not result in any injury to anybody. He awarded costs against both of them.

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