A man (47), who suffered a serious back injury when his bike slipped on a roadway where an excessive amount of bitumen sealant had been applied during repair work, has been awarded €64,000 Bicycle Accident Damages at the High Court.
Portlaw, Co Waterford resident Mr Kearney made the bike accident compensation claim against Tipperary County Council, the body responsible for the upkeep of the road, and another against Roadstone Wood Ltd, the group which carried out the repairs on the roadway.
Presiding Judge Bronagh O’Hanlon said it was clear to see that Joseph Kearney had suffered serious pain and a loss of the amenities of life in the accident that took place at Ballinaraha, Kilsheelan, Clonmel, Co Tipperary, on December 26 2011.
The judge, in decreeing that Tipperary Co Council and Roadstone Wood were both to blame for the incident, said it seemed to the court they believed the evidence given by Mr Kearney that there was faulty workmanship in terms of the original work on the road and the repair. Along with this, a similar incident had taken place elsewhere on the road which had been witnessed by an individual who provided evidence in this case.
The Judge said that that Roadstone Wood had carried out the repair works without ensuring ii had been finished to the correct standard in line with the correct specifications. She went on to say that Tipperary County Council was also negligent as the accident could have been prevented if corrective measures had been applied following the other accident that occured on the same stretch of roadway.
The court was informed that Mr Kearney’s accident took place when he was cycling as part of a group of 17 people, cycling two abreast on the hard shoulder. Mr Kearney was wearing a helmet and, as he approached a curve on the road, he slipped and fell from his bike. The judge said that she believed Mr Kearney had given his evidence carefully and honestly and did not over emphasise the accident or his injuries.