Two soldiers who said they suffered neck injuries after a vehicle rear-ended them while travelling at an estimated speed of 2kmh have had their €60,000 claims dismissed.

John Lynch and Eamonn Fitzgerald were involved in an incident on the Old Dublin Road in Galway in October 2014. The pair were in an Army SUV which was stopped at traffic lights when a car behind them accidentally rolled forward.

Mr Lynch and Mr Fitzgerald were doing a cash escort at the time and initially claimed they thought there had been an attack on the SUV.

Peadar Harvey, driver of the Seat Ibiza car, said he didn't feel an impact.

The two claimants said they felt a "big thud" and were shunted forwards.

Their Army colleague Charles O'Leary, who was a back-seat passenger, gave evidence he felt a very light impact, the SUV was not shunted forwards and he did not move in his seat at all. He said he did not feel any discomfort.

Mr Lynch gave evidence that his neck and shoulder injuries have not really improved and said he was told he "would never be the same again".

Mr Fitzgerald told the court he had underplayed his injuries so as to secure an overseas assignment.

He was asked why he did not disclose to his doctor and solicitor a previous traffic accident in 2012, in which he sustained a neck injury, and an accident in 1999.

Giving evidence in Galway Circuit Civil Court, engineer Tony Kelly estimated the change of speed as less than 2kmh where at least 8kmh would be required for occupancy movement.

Dr Martin Neary gave evidence that he assessed Mr Fitzgerald on February 26, 2015, around three months after the accident, for the purposes of an overseas assignment to Lebanon.

He noted that Mr Fitzgerald had completed fitness tests on February 16 and 17 which included sit-ups and press-ups and a 10km march with a 14kg weight.

Dismissing the claims, Judge Rory McCabe said he found it very difficult to understand how what he saw as a very minor tip could give rise to any injury.

Rob Smyth, head of Aviva's investigations unit, welcomed the judge's decision.

Irish Independent