Motorist awarded €29,000 for injuries

A Cavan motorist who sustained injuries when his car was involved in an accident during the construction of a roundabout on the outskirts of Cavan town has been awarded a decree in excess of €29,000 at Cavan Circuit Court. Hugh Reilly, Grellagh, Carrickaboy, brought a civil claim against Cavan County Council, Courthouse, Farnham Street, and Priority Construction Limited, 162 Clontarf Road, Dublin 3, as a result of the accident at Crubany Roundabout, Crosskeys Road, Cavan, on July 22, 2005. Leonard Briody, engineer, said he visited the site at 6.30am on July 23, about 30 hours after the accident. As one approached the roundabout from the Cavan side, there was a sign "New Layout Ahead" and a yellow light some 160 metres from the roundabout. There were other signs like "Slow", "Stay Left", "Ramps Ahead" but there was no sign saying Roundabout Ahead. Cross-examined by Tom Fitzpatrick BL, Mr. Briody said motorists using that road would have been aware that roadworks were taking place prior to reaching the roundabout. Work had been ongoing for possibly 12 months and for a number of weeks on the roundabout. Garda Oliver Devaney said he attended an earlier accident that night at the same location at 1.15am and the second accident occurred at 2.30am. He noticed that there were four signs in the lead up to the accident. He saw "Major Road Works Ahead" but didn't see a "Slow" sign. There was a yellow beacon in the middle of the roundabout but it was not flashing. He didn't notice any tape between the bollards. Following the second accident, he was aware that Cavan County Council were notified about the location. Replying to Mr. Fitzpatrick, Gda Devaney said the plaintiff lived close to where the accident occurred and it would have been a normal route for him to take into town. There was excessive frontal damage to his car. He could not say what speed Mr. Reilly was travelling at. The first accident involved a Mr. Colm Walsh and the second accident was almost in the exact spot as the first. Mr. Walsh was able to drive his car following his accident and was not there when the second accident occurred. Hugh Reilly told the court that he was coming from work that night and knew the road pretty well. He was aware that road works were taking place. A hole had been dug but there was no sign indicating that it was there. He didn't see any blue sign or cones indicating for people to keep left or flashing lights or a sign indicating ramps ahead. He originally went to Cavan General Hospital as he had injuries to his neck, shoulder and ribs and was off work for about three months. As time went on, his soreness got better, Mr. Reilly said in evidence. Cross-examined by Mr. Fitzpatrick, witness said he made a great recovery six months after the accident. He was aware that roadworks were taking place but he didn't see any "Major Road Works Ahead" or "No Overtaking" signs. Gordon Ward, site agent for Priority Construction, said there was a "Major Road Works" sign at the location, as well as other signs. He was responsible for signage at the scene. A traffic management plan was submitted and it was put in place. There would have been cones on the left hand side of the road as well, claimed Mr. Ward. He didn't put up the signs himself, it would have been the site engineer or foreman. It would not have been the council. Judge John O'Hagan said the plaintiff was travelling in a normal manner when this accident happened. It was the responsibility of the defendants to ensure there was proper signs and lights at the scene. They were 100% liable for the injuries sustained by Mr. Reilly who was an honest man. He did not exaggerated his injuries and went back to work after three months. Judge O'Hagan granted a decree for €29,250 plus costs. In light of the evidence in front of him he would not grant a stay on the order unless €15,000 was lodged.