Two Healy-Rae firms sued over windfarm tipper truck accident

Simon Brouder

A truck driver allegedly injured while transporting stone to a windfarm development near Kilgarvan two years ago has launched a High Court action against two companies operated by the Healy-Rae political dynasty.

Tim Cox, with an address at Blackwater, Kerry, alleges he suffered multiple "significant injuries" when the tipper truck he was driving rolled down an embankment as he transported stone and rock to a windfarm construction site at Grousemount, close to Kilgarvan village.

In his action, Mr Cox claims that his employers, Healy-Rae Plant Hire, were negligent for failing to ensure the small road on which was to transport the load was safe and would not give way.

Healy-Rae Plant Hire's directors are Deputy Danny Healy Rae and his son, Kerry County Councillor Johnny Healy-Rae.

Mr Cox's legal team has argued that the road was "grossly unsuitable" and "unsafe" for use by heavily laden vehicles and that Healy-Rae Plant Hire should not have required their client to drive a heavy vehicle along the narrow access roadway.

According to documents prepared for the case, Tim Cox injured his back, arms and legs when the truck's seatbelt failed as the vehicle rolled down the embankment. He has said he had to take pain-killer medication for four months after the accident in November 2016 and that he is no longer able to drive as he has difficulty getting into or out of vehicles.

Arising from the incident, Mr Cox is also suing Sunville Construction, another Healy Rae family-owned firm, which carries out work on behalf of Healy-Rae Plant Hire. Danny and Johnny Healy Rae are also directors of this company. Also included in the action are builder Denis Moriarty and Kerry County Council.

The local authority owns the access road but it is seeking indemnities from the other defendants.

Solicitor Eimear Griffin, who is representing Mr Cox on behalf of Padraig J O'Connell Solicitors, said that it had not been possible to reach a resolution through the Personal Injuries Board due to the number of defendants to Mr Cox's action.