Irish cyclist loses €60,000 injury claim after Facebook posts about racing

An Irish cyclist who discussed his training and racing on Facebook while claiming he was badly injured after a car crash has had his case dismissed after details of his posts emerged in court.

 

An Irish cyclist who referred in Facebook to his bike rides, including competing in races, was “betrayed” by his own remarks in his bid to win damages arising from injuries he said he was suffering from.

The 25-year-old made a series of comments about taking part in spins of up to four hours and riding races while he was also suing for what he claimed were debilitating injuries sustained in a car crash.

Jason Shelly from Abbey Park Grove, Clane, Co Kildare, said while being carried in as a passenger in a car that crashed with another vehicle in April 2014 he had suffered his injuries.

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The Circuit Civil Court was told that Mr Shelly presented himself for treatment at the Mater Hospital in Dublin after the traffic accident.

He said he was suffering from a range of ailments – two days after the crash – including headaches, feeling dizzy and lower back pain.

And he also complained that he was having problems sleeping.

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However, despite pursuing a legal action seeking €60,000 in damages he had posted a number of comments on Facebook about how much cycling he was doing, according to barrister Shane English.

They were posted between May and December, 2014, and he referred to having cycled on one occasion for more than four hours.

The court was also told he made reference to competing in races.

When cross examining Mr Shelly, Mr English told Judge Jacqueline Linnane that some of the comments referred to particular cycling races but that the comments had since been deleted.

An application to dismiss the claim was made by Mr English after Mr Shelly had given his evidence.

Judge Linnane granted that application, meaning Shelly’s claim was thrown out.

And the judge also made an order awarding legal costs against Mr Shelly, meaning he would have to pay for the legal costs of the driver of the car he was suing.