Saturday 15 December 2018

Careless driving case is dismissed

A 63-year-old grandfather has had a charge of careless driving dismissed.

Joe Mulligan, Portrane, Co. Dublin, had denied the accusation which arose following an incident after he picked up his grand-daughter from Donacarney National School.

It was alleged at Drogheda Court that the retired psychiatric nurse reversed into a pedestrian who was standing on a footpath outside the school, on 11 May, 2016.

Lisa Plunkett gave evidence that she went to the school to collect her daughter, aged 10 at the time.

She was standing on the kerb when 'my legs started to go from under me.'

She turned around, and saw a silver Toyota Avensis reversing into her. She banged on the boot to stop the vehicle, but the driver 'looked at me, and shrugged his shoulders.'

Ms. Plunkett continued she went to talk to the man behind the wheel, who she picked out in court as the defendant, but didn't say anything when she realised he had a child in the car with him.

The witness added this happened on a Wednesday, and by the following Saturday her left leg and lower back were very sore.

She saw a doctor on Monday, who prescribed painkillers and anti-inflammatories.

She also attended for physiotherapy which ultimately didn't help.

Lisa Plunkett told defence counsel, Irene Sands, the car was still reversing when she turned, so she banged on the boot.

She was hit mid-thigh and able to continue to work.

It was put to her, what she was alleging simply didn't happen. Ms. Plunkett replied it did.

Joe Mulligan testified his grand-daughter was seated in the car, and he had to back 'a foot or two' to get out.

The first he knew of anything was when the lady thumped on the car.

Judge Coughlan, who read statements made by the parties involved, said he found both witnesses very honest.

He accepted an accident happened, and luckily no child was injured.

The judge continued he would make no comment on the extent of the injuries.

'I see no conflict in the two statements. Both are very decent people, in my view.

'I will dismiss the matter, and leave it to civil law.'

Drogheda Independent