A Dublin cyclist who had been awarded almost €30,000 when he crashed after hitting a repaired speed bump in the road has had his compensation considerably reduced when the initial judgement was appealed.
While the High Court judge presiding over the second hearing of the case accepted the cyclist had crashed in the manner he claimed, and had also sustained the injuries he claimed, the payment due to him was still reduced significantly.
Rather then receiving an award of €27,500, the cyclist - Mark Taylor (39), Mangerton Road, Drimnagh, Dublin - had his award reduced to €9,137. The Circuit Court made the initial award but the defendants appealed it, taking their case to the High Court.
Evidence set out in the case stated Mr Taylor was on his bike and turning into his home on Mangerton Road at about 6pm on December 14th, 2015, when he crashed on a newly repaired speed ramp. He claimed the ramp had not been properly marked or illuminated after the repair works were done.
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As a result, he said, it became a hazard without warning to cyclists or motorists. Mr Taylor explained when he hit the ramp his front wheel went from under him, causing him to crash, going over the handlebars.
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As a result, he said he hit his chin on the road and suffered other injuries when putting his arms out to break his fall. He sustained soft tissue injuries to his chin and ribs, as well as a fractured wrist, which was in a cast for eight weeks.
He sued the company that installed the ramp, SIAC Construction Ltd, and Dublin City Council. However, SIAC indemnified the council, which effectively meant only the company was being sued.
Mr Taylor said the newly repaired ramp should have been illuminated with a cone and light, adding the emulsion paint road markings were inadequate to warn of its existence in the road.
However, the company said the road needed to set before permanent thermoplastic paint could be applied. It explained its use of emulsion paint was temporary and part of the process that was required to ensure the long-term quality of the work.
Mr Justice Michael O'Higgins cut the award on the basis culpability was two thirds Mr Taylor's and one third the construction company. He said Mr Taylor had the benefit of light from his bike, the street lights as well as a limited amount of light from his own home and a neighbour's home. He also had the experience of passing the ramp for the previous 12 months.
The judge also pointed out there were several ramps on the road, and not just one, and that Mr Taylor should have exercised more care, including slowing down or holding his handlebars tighter as he performed his turning motion. As a result, Mr Taylor had to accept "significant responsibility" for the accident, even though the lack of permanent safety paint was a factor.
