Claims Ireland

The Independent Service that Assesses Compensation Claims

Accident victim accused of mounting sham case

15-Sep-2014


A Polish man suing his employer and a motorist for compensation from two accidents was accused yesterday of mounting a sham case and misleading everyone from lawyers, doctors and the defence to the High Court judge hearing the case.

Tomasz Ewertowski, of Forrest Ridge Crescent, Wilton, Cork, said at the end of the third day of his civil action: “I did not mislead anyone. If I wanted to pretend, I would lock myself at home so no one would see me. I knew private investigators were following me. They were parked outside my house so I knew it.

“I feel a victim of the whole situation. I had [accidents]. I am going to all the treatments prescribed. Do you think I was happy such accidents happened to me?”

Mr Ewertowski was employed by William Cox Ireland, who were contracted by PJ Hegarty to install glass at Blackpool shopping centre on Jan 30, 2008. He said he fell on that day while going to get a pane of glass.

The second accident happened on Jul 15, 2011, when a friend was driving him to St Mary’s hospital in Gurranabraher for treatment for the injuries sustained in the workplace accident, and their car was struck from behind at a pedestrian crossing by a car driven by Finbarr Twohig, of 69 Hollyville, Hollyhill, Cork.

Liam Gaynor, defence SC for Mr Twohig, said there was no bang or double bang as described by the plaintiff and only the most miniscule contact occurred between the cars.

Mr Gaynor said there would be video evidence showing the plaintiff with much more flexibility and movement one day after presenting at neurosurgeon, Kieran Barry’s rooms with extremely limited movement.

The plaintiff said he had bad days and good days and that, with heavy medication, he could have movement that he would not even remember having afterwards.