Mr Gerard Morey, who sought up to €60,000 in damages from Tipperary County Council at the Circuit Civil Court last week, has had his case dismissed and been ordered to pay costs, after a judge declared that Tipperary Co. Council had no case to answer.
The 31 year old Mr Morey, with an address at Aherlow Crescent, Tipperary Town, claimed he was injured in a fall caused by a pothole in the area of St. Michael’s Avenue, in Tipperary town centre.
Since Mr Morey failed to turn up in Court, Mr Justice Eoin Garavan, presiding, stated that he couldn’t see what case there was to answer, and said rather than strike it out, he was dismissing it altogether; which means it cannot now be re-entered.
Judge Garavan further stated that the invisible plaintiff had “failed on the most basic aspect of the case” and made an order for costs against Mr Morey.
Mr Morey had been jailed previously for five years, following a terrifying home invasion in 2015; where he climbed through his neighbour’s window, before violently attacking one of the occupiers of the dwelling, a woman, as he attempted to carry out a burglary.
Costs in last week’s case have yet to be determined by the Court, but are likely to be in the region of some €15,000.
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