Cyclist injured after hitting pothole gets €61k

A 13-year-old boy giving his cousin “a backer” on his bicycle hit a pothole and suffered injuries for which he was awarded €61,500 compensation yesterday.
Cyclist injured after hitting pothole gets €61k

The Personal Injuries Assessment Board (PIAB) assessment of injuries was approved by Mr Justice Kevin Cross at the High Court sitting in Cork yesterday.

Plaintiff, Dillon O’Reilly of Hillview Drive, Onslow Gardens, Commons Road, Cork, who is now 16, had the award lodged in court until he reaches the age of 18.

The defendant in the action was Cork County Council.

The plaintiff’s barrister, Justin Condon, said the accident occurred on July 28, 2013, when the teenager was cycling between Blarney and Killard in Co Cork.

Mr Condon said the plaintiff was standing on the pedals and carrying his cousin who was sitting on the saddle when the front wheel came in contact with what he described as “a hole or depression”.

As well as fracturing his left wrist, Dillon suffered some serious lacerations including a long cut across his back as a result of which he is scarred. He also had pain in his shoulder and knee for quite a while after the accident, Mr Condon said.

Mr Justice Cross said the plaintiff had not done anything that everyone else would have done at his age but that if the matter went to hearing it was inevitable that there would be a finding of contributory negligence in the order of 30% to 50%.

Mr Condon said: “He understands that what he was doing at the time was not fully right and because of possible finding of contributory negligence I would recommend it.”

The judge told the young plaintiff that a court could give a reasonably large reduction of any award.

On that basis the judge said it was prudent to approve the PIAB assessment.

The judge was told that the scar on the plaintiff’s back was susceptible to sunshine. The judge said the teenager would have to protect it. “Don’t be using the sunbeds and be careful if you are sunning yourself,” Mr Justice Cross said.

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