A 47-year-old man who sustained a serious back injury when his bicycle slipped on a road where a lot of bitumen sealant had been applied in repair work, has been awarded €64,000 Bike Accident Compensation at the High Court.
Mr Kearney, from Portlaw, Co Waterford took the road bike accident compensation action against Tipperary County Council as it is the body responsible for the upkeep of the road. He took a separate action against Roadstone Wood Ltd, the company which carried out the repairs on the road.
Judge Bronagh O’Hanlon said it was obvious that the man, Joseph Kearney, experienced major pain and a loss of the amenities of life to a significant degree due to the accident that occurred at Ballinaraha, Kilsheelan, Cloneml, Co Tipperary, on St Stephen’s Day 2011.
In addition to this Mr Kearney had also suffered serious ongoing pain for nine months and had significant pain and suffering for another two years. According to the judge.
The judge, in ruling that both Tipperary Co Council and Roadstone Wood were liable, said it seemed to the court they accepted the testimony of Mr Kearney that there was faulty workmanship in terms of the original work on the road and the repair. Additionally, a similar incident had occurred elsewhere on the road which had been witnessed by a person who gave evidence in this case.
The Judge told the Court that Roadstone Wood had completed he remedial works without ensuring it was done to the correct standard in line with the correct specifications. She said Tipperary County Council was also negligent because it could have been reasonably foreseen that such patching negligently done, in breach of the regulations, would result in an accident. This should have been obvious after the other accident had occurred, she said.
The court was advised that Mr Kearney’s accident occurred when 17 people were cycling two abreast on the hard shoulder. Mr Kearney was a member of this group and was wearing a helmet. As he approached a curve on the road, he was suddenly slipped and fell from his bike. The judge said Mr Kearney had given his evidence carefully and honestly and did not exaggerate his accident or injuries.