MEMBERS OF A Dublin family, already linked to 26 previous personal injury claims, are appealing a Circuit Civil Court decision made last month to throw out their recent cases against a motorist.

A judge threw out the cases and made orders for legal costs amounting to €150,000 against the six Gaynor family members who each, individually, sought damages against a Dublin driver. 

Plumber and taxi driver Frank Gaynor and his wife Sylvia, both aged 60, and four of their children failed to appear in the Circuit Civil Court last month when the case came before a judge for a brief hearing.

A solicitor representing the six members of the family filed an appeal against the court’s decision yesterday.

Frank and Sylvia Gaynor’s daughters, Nicole (35) and Jazmin (33), together with brothers Frank Junior (33) and Reece (21) joined their parents in claims for up to €60,000 damages each arising from the accident near the Hilton Hotel on the Malahide Road in April 2018.

On 21 May this year, the family’s cases were up for mention in court, where they were expected to inform the judge whether they wanted to continue with proceedings against the driver. 

Barrister Paul McMorrow, who appeared with Karen Cahill of Nathaniel Lacy solicitors in court that day, told Judge Christopher Callan at the time that the driver wanted the family to prove every single allegation they had made in their personal injury claims.

McMorrow also told Judge Callan at the time that none of the six, who alleged they suffered whiplash injuries in the rear-ending traffic accident, had turned up to advance their cases.

Counsel said that the driver and his insurers alleged that the extent of their injuries could not possibly have arisen from the collision in the way that it had happened. 

A judge heard that the family had previously objected to their solicitor being allowed to pull out of their case due to a breach of trust last year.

McMorrow said that the family would be capable of representing themselves as they were well acquainted with legal proceedings, having been linked to 26 previous claims.

The six cases were previously set for trial on 7 May, but there had been no appearance from the family on that date, the judge noted. He dismissed every claim brought by the Gaynors and made orders for legal costs against each one of them.

The family faces a bill for legal costs of up to €150,000.

The cases are set to appear for a short hearing to determine the next steps in the Court of Appeal on 19 June.

Includes court reporting by Ray Managh