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'Insufficient evidence' Teen withdraws compo claim over go kart crash

Mr Justice Michael Hanna told the teenager and her mother it was a wise decision to withdraw the case and he told them if the evidence wasn’t there, it wasn’t there.

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(stock photo)

(stock photo)

Getty Images/Ingram Publishing

(stock photo)

A young girl who sued after she was knocked off a go-kart by a car in a Dublin housing estate has withdrawn her claim at the High Court.

Mr Justice Michael Hanna told the teenager and her mother it was a wise decision to withdraw the case and he told them if the evidence wasn’t there, it wasn’t there.

The 15-year-old from Ballyfermot, Dublin, through her mother had sued the driver of a car over the accident at Lough Conn Drive, Ballyfermot, Dublin on November 3, 2015.

It was claimed that the woman's car collided with the rear of the go kart in which the teen was travelling and she was flung into the air.

It was further claimed there was a failure to stop, slow down, swerve or in any way control or manage the vehicle so as to avoid the collision.

A full defence was filed and the driver contended the go-kart came at speed from behind a wall and a parked car and it was an unfortunate incident.

Opening the case Gerard Tynan SC for the girl said she had been playing at a friend’s house.

He said she was knocked unconscious in the accident but a CT scan later was normal. She later suffered headaches and in the accident had broken ribs and her collar bone. The teen, he said, had no memory of the accident.

Counsel said his side would argue there was no reason the driver could not have seen the child.

A witness, who saw the accident, told the court the girl was propelled from the go-kart. He said there was no reason why the driver could not have seen the children on the road.

When Micheál O'Scanaill SC ,for the driver, in cross examination put it to the witness there were cars parked on both sides of the street and his client would say there were cars parked on both sides of the road.

When counsel asked the witness if his client was wrong, he replied yes.

Counsel put it to the witness the garda who came on the scene of the accident recalled there were cars parked on both sides of the road.

The witness replied the cars could have come after the accident happened. He said he had not seen any cars on the road.

Asked about the matter by the judge, the witness said he was not paying attention to cars parked on the road.

He agreed with Mr O'Scanaill that it was likely he was mistaken on the matter and he agreed the presence of cars on the road was significant.

Counsel said the driver would say the go kart came from behind a wall and a parked car at speed. The witness agreed the go kart drew his attention and he did not expect it .

He said he heard “the brakes stopping.” Counsel put it to him if the driver was driving at speed, she would not have been able to stop the car, the witness said he did not know.

Asked why he had not told the gardai he was a witness to the accident, he said he never thought of it.

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