Courts

Friday 11 July 2014

Go kart accident woman loses damages claim

Published 06/12/2013|19:41

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GROGAN; (DEMELZA);  PERSONAL INJURIES ACTION FOR DAMAGES-ARISING FROM   A  GO-KARTING  ACCIDENT, HIGH COURT, DUBLIN, (28/11/13). ***SEE  HI CT STORY.
PIC. SHOWS: THE PLAINTIFF:  DEMELZA GROGAN OF CASTLEGRANGE SQUARE, CLONDALKIN,    DUBLIN 22  LEAVING COURT   YESTERDAY   (THURS) ON THE OPENING DAY OF HER PERSONAL INJURIES ACTION FOR DAMAGES-ARISING FROM A GO-KARTING  ACCIDENT.
(PIC:  COURTPIX)
Demelza Grogan

A WOMAN who had to be cut out of a go kart which crashed into a barrier has lost her High Court action for damages.

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Mr Justice Iarfhlaith O'Neill ruled yesterday Demelza Grogan had failed to prove any liability on the part of the racetrack owners arising from the accident on February 26, 2011.

Ms Grogan (37), Castlegrange Square, Clondalkin, Dublin, had sued Grovepark Services Ltd, the owners of Kylemore Karting-a-Go Kart Racing track at Kylemore Industrial Estate, Kileen Road, Dublin.

She claimed the kart she was driving, allegedly after no or no adequate training, was caused to hit a barrier. She also alleged, by virtue of the nature of the track, it rebounded to the centre where it was struck violently by another kart.

It was alleged there was failure to provide adequate barriers so as to absorb or minimise the impact on Ms Grogan or on her kart.

Ms Grogan has scarring and her left leg is one centimetre shorter than her right as a result of the accident, the court heard.

GrovePark Services denied any liability and also pleaded contributory negligence by Ms Grogan.

 It alleged she drove at excessive speed, failed to apply the brakes in time or at all and made no attempt to negotiate the corner. It also claimed Ms Grogan drove into the protective crash barriers at speed.

Mary Carolan

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