Woman’s €760k Claim Dismissed Over Tree-Throwing Photos

A Festive Fling Fells a Six-Figure Claim

An insurance firm has confirmed it is determinedly seeking to recover substantial legal costs from a woman whose €760,000 personal injury claim was dramatically thrown out of the High Court. The case collapsed after the court was presented with a striking photograph of the claimant energetically winning a Christmas tree-throwing competition, an image starkly at odds with her claims of debilitating pain.

The case centres on Kamila Grabska, 38, who sought significant damages following a road traffic accident in Ennis, County Clare, on 3 February 2017. Ms Grabska alleged that the rear-end collision left her with constant and severe pain in her back, neck, and thoracic spine. She claimed these injuries were so profound that they rendered her unable to work for more than five years, forming the basis of her considerable compensation claim against the driver, who was insured by Intact Insurance.

The Picture That Spoke Volumes

The defence’s case, however, took a decisive turn with the introduction of photographic evidence from an article originally published in the Irish Independent. The photograph captured Ms Grabska in a moment of triumph on 7 January 2018, hoisting and hurling a 1.5-metre fir tree to win the ladies’ category of the annual Christmas Tree Throwing Championship in Ennis. The event, held in aid of the Mid West Simon Community, is a local tradition based on old-fashioned lumberjack games, challenging participants to throw the tree the furthest distance.

The timing of her athletic victory was particularly damning. It occurred less than 48 hours before Ms Grabska informed a medical professional that her injuries were so severe she could not even lift a standard bag of groceries. In court, counsel for Intact Insurance, instructed by RDJ solicitors, presented this evidence as part of an application under Section 26 of the Civil Liability and Courts Act 2004. This powerful legal tool allows for a case to be dismissed if the claimant has knowingly provided false or misleading evidence.

A Judge’s Damning Verdict

Presiding over the case in February 2024, Ms Justice Carmel Stewart found the evidence incontrovertible. Describing the photograph, she noted: “It is a very large natural Christmas tree and it is being thrown by her in a very agile movement.” The judge concluded that the visual evidence of Ms Grabska’s physical prowess was “completely at odds” with the medical reports and her own testimony regarding her supposed incapacitation. Consequently, the entire €760,000 claim was dismissed, with the judge awarding legal costs in favour of the defendant.

Now, Intact Insurance has confirmed its resolve to recoup those costs. In a statement, a spokesperson for the company said, “While we are actively pursuing recovery of our legal costs, judgments have not been registered to date.” The insurer highlighted the significant expense involved in challenging such claims, noting that the costs can sometimes rival or even surpass the value of the claim itself. “Hearings can run for weeks, with extensive submissions, multiple witnesses, and significant legal and administrative costs,” the spokesperson added.

Wider Implications and Police Involvement

The insurer stressed that its robust defence in cases like this is a crucial measure to protect honest policyholders from the inflationary pressure that fraudulent claims place on insurance premiums. “We defend these cases to protect our policyholders and keep premiums fair for our genuine customers,” the company stated, acknowledging that such legal battles can be stressful for all involved.

The matter has not concluded with the civil court’s ruling. The case has now attracted the attention of law enforcement. An Garda Síochána has confirmed it received a complaint following the court proceedings. A spokesperson stated: “Gardaí received a report of an alleged incident of insurance fraud that occurred in February 2017 in Ennis, Co Clare. Inquiries are ongoing.” This development means Ms Grabska could face criminal proceedings in addition to the significant civil legal bill she now faces, serving as a stark warning about the severe consequences of submitting a fraudulent personal injury claim.