Wednesday 16 January 2019

Cyclist who claims he 'can't run or cycle' after collision with dog settles action against owners

Eamonn Reilly, of Rockfield Close, Ardee, Co. Louth pictured leaving the Four courts Pic: Collins Courts
Eamonn Reilly, of Rockfield Close, Ardee, Co. Louth pictured leaving the Four courts Pic: Collins Courts

Tim Healy

A cyclist who claimed he was left with a painful debilitating condition when a dog collided with his bike has settled his action against the dog owners.

Eamonn Reilly told the High Court he has constant deep pain still  in his hands after the incident when he was on a Sunday cycle with a friend five years ago.

“My hands are completely crippled with constant pain.

"It drives you around the bend because you can’t do the things you want to do," he told Mr Justice Kevin Cross.

Mr Reilly (53), Rockfield Close, Ardee, Co Louth  sued the owners of the black and white collie dog, Michael and Philip Lynch of Johnstown, Dunany, Togher, Dunleer, Co Louth as  a result of the incident on May 19,2013.

He claimed the dog suddenly and without warning raced from the house driveway and collided with his bicycle. He was thrown from the bicycle, knocked unconscious and suffered abrasions and a fracture to his left elbow.

He claimed there was a failure to properly secure the garden to ensure the dog would not escape on to the road.

Liability was conceded in the case and it was before the court for assessment of damages only.

The defendants contended Mr Reilly did not suffer an injury of any significance to his right hand in the bicycle accident but in another accident in October 2013 when logs on a log pile fell on his  hand.

In evidence, Mr Reilly told the court he and a friend were cycling beside the coast on  the way to Clogherhead when a dog ran out of a house.

The dog, he said, ran to his friend but Mr  Reilly who was doing about 30 Kilometres per hour hit the dog and went over the handlebars.

“I lost lots of skin. I was sore all over,” he said.

He said he had fractured his elbow and was in a cast for six weeks but he said his hands and ribs “were killing” him and he had a lot pain.

He said he used to be sporty but he can’t now run, cycle or do sporting activities. He said he used to play guitar in a band but he can’t do it anymore.

Cross examined by Turlough O Donnell SC, Mr Reilly did not agree with the contention he didn’t suffer an injury of  any significance in  the May dog  incident but in the log  pile accident a few months later.

Following talks between the parties, Mr Justice Cross was told the case could be struck out.

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