Saturday 23 September 2017

Schoolboy (15) injured after cycling wrong way on roundabout loses €60k damages claim

The Four Courts, Dublin
The Four Courts, Dublin

Ray Managh

A 15-year-old schoolboy who was injured while cycling the wrong way around a round-about today lost a €60,000 damages claim against a motorist.

Glenn McCarthy, now aged 18, had transferred proceedings taken as a minor through his father, Paul McCarthy, into his own name in the Circuit Civil Court.

McCarthy, of Newcastle Woods Crescent, Enfield, Co Meath, had sued jeep driver Sean Mooney of Slanduff View, Kentstown, Navan, in relation to an accident which occurred on June 27, 2014 at the junction of Coldcut and Fonthill Roads, Clondalkin, Dublin.

He told barrister Adrianne Fields, counsel for Mooney, that he had not been used to cycling and had been biking with a friend on the day.  He had not been wearing a helmet and had been travelling on a cycle path the wrong way around the round-about.

Ms Fields, who appeared with Crowley Millar Solicitors, said Mr Mooney was stopped in his jeep at the round-about when young McCarthy rode into the side of his vehicle.

McCarthy, who claimed to have suffered injuries to his head, and right elbow, knee and ankle, told Ms Fields that he had been on crutches for a short period but “had no problems” after a period of eight weeks.

He said he had been told afterwards he had been cycling in the wrong direction and had he known at the time he would not have done it and the accident would not have happened.

Forensic engineer Alan Conlan told the court that the cycle lane was used in both directions on the round-about, the lay-out of which had since been changed.

Mr Mooney said he had been stopped with his hand-brake on waiting to move off when he saw a flash and then saw a young man jump up, grab a bike and head across the road.  The side of his front wing had been slightly damaged.

Judge Jacqueline Linnane said Mr McCarthy was 15 at the time and was cycling without a helmet on a friend’s bike.  He had not been used to cycling and had been going the wrong way around the round-about.

Mr Mooney had not moved off at the time when suddenly Mr McCarthy “appeared out of nowhere” and impacted with the side of his vehicle.

“The damage to Mr Mooney’s vehicle was consistent with Mr McCarthy going into the side of the jeep and I am satisfied Mr Mooney was taking all due care and no liability has been established against him,” the judge said.

Judge Linnane said she would make no order for costs against Mr McCarthy save in the event of an appeal, in which case costs would apply.

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