A cyclist who crashed and suffered a serious back injury has been awarded €64,000 over a faulty road surface.
The High Court found that the surface where Joseph Kearney
crashed was not built to National Roads Authority specification.
The 47-year-old from Portlaw in Co Waterford sued
Tipperary County Council as it was responsible for the road where he crashed on
St Stephen’s Day, 2011.
He also sued Roadstone Wood Ltd as it had carried out the
works on the road. The crash scene was at Ballinaraha, Kilsheelan, Cloneml, Co
Tipperary.
The court was told excessive sealant had been used on the
road and had cause Mr Kearney’s wheels to slip from under him.
That caused him to crash which resulted in a painful back
injury. The court was told he was in extreme pain for nine months and continued
to suffer pain for two years, limiting the way he lived his life.
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The court accepted evidence presented on behalf of Mr
Kearney that there was poor workmanship when the road was laid and also when it
was repaired.
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Mr Kearney was riding on the road when his bike slipped
on a bend. Ms Justice Bronagh O'Hanlon was told the injured cyclist was wearing
a helmet at the time.
She also said he had given his evidence carefully and had
not exaggerated. The court also heard that a witness to the crash had also seen
another similar incident on the same stretch of road.
M s Justice O’Hanlon said Roadstone Wood Ltd, with officers in Tallaght in Dunlin, had carried out remedial work on the road.
It had not done so to the correct standards in line with correct specifications.
And Tipperary County Council, the judge said, was negligent
because it could not but have reasonably foreseen that negligent patching would
cause an accident.
The council, she added, was also well aware there had
been a similar accident on the same stretch of road.
The bitumen sealant was not in accordance with the NRA
specifications. And it had been the responsibility of the council and contractor
to ensure standards were followed.
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