pexels-kelly-1179532-3861787

Award Reduced Due to Exaggerated Claim

A personal trainer claimed he developed claustrophobia after being trapped in a lift in June 2021, which he argued prevented him from tolerating confined spaces and flying. However, during the trial, photographs revealed him posing in a small sauna and flying to Rome after the incident.

Judge Shannon acknowledged the plaintiff’s genuine testimony, accepting he suffered from nightmares and panic attacks. However, the photographic evidence showed the plaintiff could tolerate confined spaces and air travel, which undermined his claim. Additionally, it was revealed that he failed to mention his flight to Rome during a medical examination shortly after returning.

Initially offered €15,000 in settlement, the plaintiff declined. The judge awarded him €8,250 in damages, plus €2,394 in expenses. The defendant requested costs be awarded on the District Court scale due to the amount awarded, and the judge agreed.

The defendant conceded fault for the lift incident, with the court only assessing damages.

Robert Smith v Infinity Lifts Ltd Circuit Court (Judge Geoffrey Shannon), 21 November 2024

Speak to A Specialist Solicitor

Wherever you are in Ireland, our team of experienced solicitors are ready to talk to you about your case. Just call  071 9621846 or email info@carolmccormacksolicitors.ie Alternatively, request a callback or send us a message and we will get right back to you.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Get in Touch

We will process your data in accordance with our Privacy Policy. Withdraw this consent at any time.
Scroll to Top