A former soap actress, who alleged she had been injured while filming a scene for “Fair City”, has resolved her whiplash injury claim against RTE out of court.
Rebecca Smith from Killiney, County Dublin, made the whiplash injury claim against the television company after allegedly sustaining soft tissue injuries in November 2008. Rebecca – who played the character of Annette Daly – was being filmed while a passenger in a car which was driven by a stuntman employed by RTE.
During the filming of the driving sequence, the stuntman was required to brake sharply on several occasions – throwing Rebecca forwards and backwards in the passenger seat. Rebecca claimed in her action that, immediately after shooting the scene in the Mount Merrion Church area of Dublin, she felt pain in her neck and upper back.
The actress was taken to a VHI Swiftcare Clinic but the pain subsequently extended down her right arm and into her fingers. Rebecca claims that she had difficulty moving her neck for a week after the incident and experienced sleeping problems because of the constant tingling in her right arm and pains in her neck. Her injuries, she claimed, disabled her for working for a week.
Rebecca stated in her whiplash injury claim that RTE had been negligent by failing to use a stunt double to film the scene and that the television company had failed to ensure her safety. RTE disputed Rebecca´s claims, and Rebecca was issued with an Authorisation by the Injuries Board to pursue her whiplash injury claim in court.
However, at the Circuit Civil Court in Dublin, Rebecca´s barrister told Mr Justice Raymond Groarke that the actress had settled her whiplash injury claim against RTE for an undisclosed amount and that the court could strike out the action.