Christmas Tree Personal Injury Claim
Woman's $823,000 Injury Claim Rejected After Photo of Christmas Tree Throwing Competition Surfaces
A woman in Ireland, Kamila Grabska, had her $823,000 injury claim rejected after a photograph emerged of her participating in a Christmas tree throwing competition. Grabska, 36, had filed a lawsuit against RSA Insurance, claiming severe back and neck pains from a 2017 car accident rendered her unable to work for over five years.
According to the Irish Independent, Grabska asserted that her injuries prevented her from performing basic daily activities, such as carrying her children, completing household chores, or lifting heavy objects. She even needed assistance with her medication due to the severity of her pain.
However, a pivotal piece of evidence presented in the Irish High Court in Limerick contradicted her claims. A photograph from January 2018 showed Grabska actively participating in a local Christmas tree throwing competition, where she was captured in the act of hurling a 5-foot spruce tree. Grabska admitted to Judge Carmel Stewart that she had won the competition.
Judge Stewart, observing the photograph, remarked, "It is a very large, natural Christmas tree, and it is being thrown by her in a very agile movement. I'm afraid I cannot but conclude the claims were entirely exaggerated."Further undermining her case, footage shown in court depicted Grabska playing with a Dalmatian in a park for about 90 minutes in November 2023. The evidence significantly weakened her claim of continuous and debilitating pain.
Louise Smith from RDJ LLP, representing RSA Insurance, explained that the firm’s suspicions about Grabska’s claims led them to conduct an open-source intelligence investigation. A simple Google search revealed her participation in the tree-throwing event, including the incriminating photograph.
Smith noted, "Certainly a photograph as graphic as the one found in this case is unusual. However, RDJ's Insurance Fraud team would always thoroughly investigate every claimant online in advance of every case and at this stage we are never too surprised by what we find online."Despite the court not recommending a referral to public prosecutors, Smith mentioned that her team did not deem it necessary for the case to be investigated by the police.
The court dismissed Grabska's claim on Thursday, highlighting the importance of scrutinizing injury claims thoroughly.
Louise Smith from RDJ LLP, representing RSA Insurance, explained that the firm’s suspicions about Grabska’s claims led them to conduct an open-source intelligence investigation. A simple Google search revealed her participation in the tree-throwing event, including the incriminating photograph.
Smith noted, "Certainly a photograph as graphic as the one found in this case is unusual. However, RDJ's Insurance Fraud team would always thoroughly investigate every claimant online in advance of every case and at this stage we are never too surprised by what we find online."Despite the court not recommending a referral to public prosecutors, Smith mentioned that her team did not deem it necessary for the case to be investigated by the police.
The court dismissed Grabska's claim on Thursday, highlighting the importance of scrutinizing injury claims thoroughly.