The judge said Arezu Tabarsi (33) was not helped by his inconsistency and inability to remember certain questions
Judge James O’Donohue said 33-year-old artist Arezu Tabarsi, of Millbrook Court, Mount Brown, Kilmainham, Dublin, was in no way helped by his inconsistency and inability to remember certain questions.
She told defense barrister Conor Kearney she had five cycling accidents and filed four claims after being awarded €20,000 in one of them.
Two of the “overlapping” crashes in May and September 2019 were heard together today. In one in Drumcondra, she lost control of her bike and crashed into a shop door when a van marginally entered a cycle lane and startled her.
In the other, rue Thomas, she rubbed her elbow against the exterior mirror of a taxi as it stopped to let a passenger out.
Mr Kearney, who appeared with Nathaniel Lacy Solicitors for the van driver and taximan and their insurers, told the Civil Circuit Court there was no collision with the van in the first accident and a minimal contact of the elbow with the taxi during the second.
He said Ms Tabarsi, a single mother, claimed damage to her phone, loudspeaker and bicycle in the second accident, although she did not fall after she hit the exterior mirror.
Judge O’Donohue said she was 80% responsible for the Drumcondra incident and awarded her €4,000 in damages, reduced to €800 (due to the extent of her own negligence) against van driver Denis McLaughlin, c/o AXA Insurance, together with €500 for the replacement of his bicycle (reduced to €100.)
It awarded him £1,000 in consequential damages in the second crash in which he held Ballivor Co Meath taxi driver Edmond O’Connor fully liable for his elbow injury and awarded costs to the District Court in both case.
He refused to award Tabarsi special damages for her phone, speakerphone and bicycle against O’Connor who told the court he heard a bang and then saw her standing near the his passenger window with his bike between his legs and rubbing his elbow.
In a submission at the start of the hearings, Judge O’Donohue said he knew cyclists usually ran red lights and usually rode on the wrong side of the road, although no such evidence was adduced. against Ms. Tabarsi.
He said that in both cases she was wearing headphones on her beanie and listening to music and that in the first incident she had not given her full attention to what lay ahead.