Monday 24 October 2016

County council to pay man €750,000 for brain injury after lorry crash

Tim Healy

Published 27/01/2016 | 02:30

Francis Smith, from Edgeworthstown, Co Longford, leaves the Four Courts. Photo: Collins
Francis Smith, from Edgeworthstown, Co Longford, leaves the Four Courts. Photo: Collins

A man who suffered a brain injury in a collision with a council truck involved in roadworks has settled his High Court action for €750,000.

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Francis Smith (25), from Edgeworthstown, Co Longford, sued Longford County Council through his mother Martina Dempsey. The accident involving a council truck took place on January 27, 2009 at Cartronegagh, Edgeworthstown.

It was alleged that there was a failure to ensure there were any or any adequate warning signs, including traffic lights, or bollards to indicate that work was under way on the road.

It was further claimed that the lorry, which was stationary at the time, was permitted to project extensively onto the carriageway such as to be a danger to other road users.

The court was told that there was an alleged failure to ensure that a necessary flagman was in place to warn oncoming traffic, it was claimed.

The council denied the claims.

It also contended that there was contributory negligence on Mr Smith's behalf and that he was allegedly driving too fast into the bend in the road.

Diarmuid P O'Donovan SC, for Mr Smith, said as his client drove around the bend, he had to take evasive action as another car was coming towards him.

Mr Smith then collided with the rear of the truck.


As a result of the injury to his brain, the court was told that the young man now had cognitive and physical difficulties.

Mr O'Donovan added that, before the accident, Mr Smith had a good job in a factory. Two passengers who were in Mr Smith's car were not injured.

Mr Justice Kevin Cross approved the settlement.

Irish Independent

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