€60k claim for knee injury ‘outrageous’ as judge points to photo of woman in road race

2 January 2023

A €60,000 damages claim by a security officer at Dublin Airport, who was alleged to have taken part in a road race only weeks after suffering a knee injury, has been described by a judge as outrageous.

He said Latvian national Olga Dresmane, of Water Rill, Malahide, Co Dublin, had set out to deceive every medical expert with the sole intention of increasing her damages award.

“That is not permitted by law and what Ms Dresmane has done is outrageous,” Judge Martin said as he threw out the proceedings and ordered her to pay the costs of the case.

Defence barrister Padraic Hogan said Dresmane’s name had appeared on a list of runners participating in a 10km mini marathon 11 weeks after her accident at the airport. She claimed not to have run in it. Shortly afterward she had been photographed in an 8km road race in Clontarf, Dublin.

When Judge Martin handed her a laptop with a zoomed-in picture of a woman kitted out for racing he asked her: “Is that you?” Having examined the photo she said: “Mmmm Maybe.” 

She denied having participated in a 10k mini marathon in the Phoenix Park but said she had attended with her 12-year-old daughter and had walked a circuit with her.Judge Martin ordered Olga Dresmane (pictured) to pay the costs of the case. Picture via Facebook

Mr Hogan told the court that Ms Dresmane, aged 49, who had been out of work for two years, had deliberately misled the court in relation to the extent of her injuries.

Judge Martin heard that Ms Dresmane, who was responsible for X-raying luggage at security points in the airport, had injured her left knee when a piece of carry-on luggage had been accidentally dropped by one of her colleagues.

Judgement

In his judgment, he said Ms Dresmane’s employer, ICTS Ireland Limited, had conceded liability for her injury and the court had been asked to assess what damages were due to her.

“An unusual feature of this case is that every single doctor involved had a difficulty understanding the length of time her injury had persisted,” he said.

Judge Martin said the fact that doctors had difficulty understanding her ongoing pain four years after the incident in April 2018 had raised a red flag to the court.

“And if that red flag wasn’t flying high enough I’m then presented with evidence of her part in sporting activity following her accident,” he said.

Dismissing her case the judge said it was a matter for the defendant ICTS, (International Consultants on Targeted Security with operational centres at Cork, Shannon, and Dublin airports) to decide if there should be a follow-up to his ruling on evidence presented to the court.

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...