A MAN who suffered a broken wrist and ankle when the wheel of a cow trailer rolled over his foot during the Lisdoonvarna Matchmaking Festival was awarded general damages of almost €40,000 at the High Court in Limerick.
The plaintiff, Paudie Conway (58), of Ballysimon Road, Limerick, sued the defendant, Brendan O’Connell, Askeaton, County Limerick, the driver of a Toyota Avensis that was towing a cow box through the Main Street of Lisdoonvarna village, in the early hours of September 8, 2019.
Mr Conway told the court he had been walking along the main street with crowds of other festivals goers when the wheel of the trailer went over his right ankle, causing him to lose balance and push his hands against the cow box to stop himself from falling.
Mr Conway, an engineering contractor, suffered fractures to his right ankle and right hand, requiring surgery to fix a steel plate in his wrist and a fracture boot on his foot. He was off work for a number of weeks and continues to suffer from swelling and pain.
Mr O’Connell accepted during cross examination by Mr Conway’s barrister, senior counsel John Punch with counsel Emmett O’Brien, instructed by solicitor Patrick Kelly, that he overtook Mr Conway while driving in the centre of the street, abreast of a large crowd of festivalgoers.
He denied any suggestion he might have been travelling too fast. He said he heard a “loud bang” and felt a severe thump to the cow box. He said he stopped his car and saw Mr Conway lying on the street next to his trailer.
Mr Conway accepted that he consumed around seven pints of beer prior to the incident with Mr O’Connell’s trailer. He had also stumbled and fallen onto a group of people sitting on low wall earlier on the night.
Mr Justice Anthony Barr said Mr O’Connell was a professional driver with Bus Éireann, and that the cow box he was towing at the time would normally be used for transporting livestock, however, on the night, it contained a double mattress, which Mr O’Connell said he intended to sleep on for the night.
The judge said Mr O’Connell accepted he had been driving around 12.5mp/h at the time alongside a crowd, which, in his own words, he considered “lively” and that appeared to be intoxicated.
A Garda breathalyser test taken by Mr O’Connell after the incident showed he had no alcohol in his system at the time of the collision.
Garda Christopher White, who had been on duty in the village, gave evidence that at the time he saw Mr O’Connell driving extremely slowly, almost at a crawl.
Judge Barr found that, Mr O’Connell, knowing that the crowd was “lively” and potentially intoxicated, and driving at the equivalent of 20kmp/h, was driving “too fast and was therefore negligent”.
Judge Barr found that Mr O’Connell’s speed at the time was “somewhat dangerous” given the circumstances: “I have to find the defendant was negligent in the driving of this vehicle on the night in question.”
The judge also said that, while he accepted it was “reasonable” for people to walk on the side of roads on certain occasions, they “must exercise extra special care for their own safety”.
Judge Barr said although he had held that “liability” for the plaintiff’s injuries rested with Mr O’Connell, “there must be a significant finding of contributory negligence on the part of the plaintiff for failing to keep a proper lookout for motor vehicles that were lawfully using the highway at the same time”.
The judge found Mr Conway “40 per cent responsible for his own injuries that night”.
The judge said it was appropriate to value general damages at full value, at €65,000, and allowing for a deduction, due to contributory negligence on the part of Mr Conway, he awarded him a judgement of €39,000.
Judge Barr put a stay on costs for a 28-day period from the judgement in the event of an appeal.
Speaking afterwards Mr Conway said: “I feel relieved it’s all over now, it’s a weight off my chest.”