AN ENNISCORTHY WOMAN who claimed she suffered a back injury in a fall in a taxi cab which she was sharing with seven others, lost her civil action for damages when it came before Judge Alice Doyle at Wexford Circuit Civil Court last week.

Margaret Kelly, of 2 Hill View Heights, Enniscorthy, Co. Wexford, brought a civil action for damages against Thomas Kelly, T/a TK Cabs, of 1 Railway Square, Enniscorthy, Co. Wexford, as the result of a fall on October 15, 2006.

Clive Brennan, B.L., for the Plaintiff, told the court that on the occasion his client, Margaret Kelly, was trying to alight from a taxi cab owned by Thomas Kelly when she fell, suffering an injury to her back.

In evidence, Ms. Margaret Kelly told the court that she is married with two children. On the night of the accident she was out with her husband and brother when they decided to get a taxi home.

The taxi in question was parked outside Treacy's Hotel but on opening the door she found that there were people in the taxi. She got into the taxi, while her husband and brother also got in. As there were others in the taxi the driver told them to get out, with the result that her husband and brother got out of the taxi.

Ms. Kelly said she was left in the taxi on her own with the other people. At that time she said she was getting out to walk home but the driver of the cab reversed.

'I wanted just to get out. As I was getting up the driver reversed back. When I pulled the door back the taxi was stationery. The driver then reversed and I fell back onto the seat of the taxi striking a pole. She (driver) then drove off with the other people still on that she was bringing home. I got off and my sisterin-law collected me,' she told the court.

She also said that on getting home she suffered from a pain in her lower back at which stage she decided to call the Care Doctor. After been examined by the Care Doctor the ambulance arrived about half an hour later and she was taken to Wexford General Hospital, where she was seen by a doctor. When examined by the hospital doctor, he said that she had pulled something in her back. She was discharged from hospital and taken home.

Ms. Kelly also told the court that she was later examined by Dr. Forde who suggested that she undertake physio which she did while she also took painkillers.

Replying to John Walsh, Counsel for TK Cabs, Ms Kelly said she had a clear recollection of what happened on the night, adding, that the first time she got into the taxi, was outside the taxi premises.

When Mr. Walsh suggested that the first contact she had with the taxi was outside Treacy's Hotel, Ms. Kelly said she did not recall that.

However, Mr. Walsh said there would be evidence from Ms. Kelly, the taxi driver, that she picked you up outside Treacy's Hotel, and told you she was going back to the office to pick up other passengers who had already booked, but Ms. Kelly said she did not recall that.

Mr. Walsh said that 'the driver will say you were not very well behaved and that you did not behave in hospital according to the medical report. What condition were you in in hospital?' asked Mr. Walsh.

Replying Ms. Kelly said she was sober. 'I only had three glasses of Budweiser to drink,' she added.

Mr. Walsh asked her how did she explain the entry in the hospital notes that you were difficult to examine due to intoxication

'I don't know what to make of that,' she said.

But Mr. Walsh reminded her that her memory of what happened on the night was not good because of the reasons pointed out.

'I suggest to you that Ms Kelly, the driver, will say that she was dropping people off at Treacy's Hotel when you got on to the bus. Ms Kelly drove back to the taxi office and you were the only passenger. On the way back to the office you saw your husband and brother walking on the footpath and you shouted to pick them up.'

However, the plaintiff said that she asked that they be picked up, as her brother was very drunk.

Mr. Walsh also suggested to the plaintiff that she had previously brought a discrimination case against the defendants and you did not turn up in the District Court.

'I did not turn up because by sister-in-law was in hospital,' said Ms Kelly.

Mr. Walsh suggested that her husband and brother having got into the taxi at the taxi office, then stepped off, and her brother became abusive. 'Your brother went around the front of the bus and started hitting it at which stage Ms Kelly reversed back as he was districting her.

The plaintiff said that it did not happen.

Ms. Moira Kelly, wife of Thomas Kelly, said she was driving on the night. She dropped people off at Treacy's Hotel. This woman (Margaret Kelly) approached before the other people had paid their fair at which stage she was told that she (driver) would have to go back to the office to pick others up.

As she drove back towards the officer Margaret Kelly pointed out three people, her husband and two brothers. The people waiting in the office got on the bus. The seven people along with Margaret Kelly made up the eight people which is the amount of passengers allowed.

Margaret Kelly's husband and brother tried to bully their way onto the bus. Then one of Margaret Kelly's brothers went to the front of the bus and started shouting abuse at her. Having taken off the handbrake, the bus rolled back and hit the pole but there was no damage done.

When the bus moved off Margaret Kelly was behind her but she did not see anyone standing up, said the witness.

Shane Martin said he was a passenger on the bus. He said the bus rolled back ever so slightly with only a slight impact. The plaintiff, he said, was verbally aggressive because her brother was refused entry to the bus. He did not recollect anyone standing or falling on the bus.

Thomas Kelly, wife of Moira Kelly, driver, said that prior to the accident he had the bumper resprayed and there was absolutely no damage to the bumper on this occasion.

Judge Doyle said that having heard the evidence she did not accept the evidence of the plaintiff. She dismissed the claim with costs.