Trio withdraw €180k injury cases after ‘fraud’ claim

THREE men have withdrawn damages claims totalling €180,000 which were alleged by counsel in the Circuit Civil Court to have been fraudulent.

Barrister Martin FitzGerald told Judge Rory MacCabe that the defendant, Hertz Rent-A-Car, had claimed fraud in defence documents challenging the personal injury claims of Dublin-based Audrius Stelmokas, Julius Zivelis and Deividas Kaciukas.

Mr FitzGerald, who appeared with Michael Brennan, solicitor for Ryans Investments, which trades as Hertz Rent-a-Car, applied for and was awarded costs against each of the plaintiffs.

Counsel for the three Lithuanian men had told Judge MacCabe, immediately following the calling of the cases, that she had just received instructions to withdraw all of the claims before the court.

Julius Zivelis, 29, with an address at Beechwood Downs, Hartstown, Dublin 15, and the two other claimants, had also sued a Vladimiras Zubko, also a Lithuanian, who allegedly drove a car rented from Hertz into the rear of Kaciukas’s car in which they were passengers.

Mr Zivelis claimed he was a front seat passenger in the car driven by Kaciukas, and that the accident occurred at Hollywell Road, Swords, Co. Dublin, on February 2, 2015, after which he had developed increasing pain in his neck and lower back.

Mr Zivelis claimed he was the father of a new baby who was only days old at the time and as a result of his injuries had been ‘impeded in lifting, bathing and bending to wash’ his son. He had also been unable for three weeks to do his job as a warehouse operative.

Audrius Stelmokas, a 37-year-old driver, with an address at Bawnlea Avenue, Tallaght, Dublin, also a passenger in Kaciukas’s car, claimed he developed pain in his lower back and neck. On top of his €60,000 claim he sought €1,000 for loss of earnings.

Kaciukas, 38, also a driver of Hollywell Road, Swords, Co. Dublin, claimed he was driving the 18-year-old car and had stopped to give way to other traffic at a roundabout at Hollywell when the car driven by Zubko, of Grange Park road, Raheny, Dublin 5, rear-ended his vehicle.

He, too, had developed pain in his lower back and neck.

In June 2016, Keans Solicitors for Kaciukas stated his back had been injured in a work accident in 2014 for which a claim had been issued.

Judge MacCabe told Mr Fitz Gerald that the three withdrawn cases ‘carried the burden of costs’ in favour of his clients.