Postman gets €30k damages for motorbike fall caused by dog

The High Court has awarded €32,000 to a part time postman who sustained serious head injures as a result of being thrown from his motorbike after a dog ran in front of him.

Clive Heavey (aged 37) sustained two fractures to his skull and was knocked unconscious after a dog, a cross breed between a Labrador and an Alsatian named "BA", ran onto the road in front of him on March 23, 1998 at the Grangegeeth Public House in Co Meath.

Today the President of the Court Mr Justice Nicholas Kearns said that he was satisfied that the dog had caused Mr Heavey to crash and awarded him a total of €32,395.

Mr Heavey, Drogheda Road, Slane, Co Meath sued BA's owner Mr Richard McKenna, Grangegeeth, Co Meath for negligence and breach of duty.

He claimed that Mr McKenna had failed to control or supervise the dog when the dog had a history of chasing road users, and had not complied with the provisions of the 1986 Control of Dogs Act.

Mr McKenna, who represented himself in court, denied the claims.

The Court heard that Mr Heavey, who was working as a relief postman at the time, had been travelling at no more than 40 mph when the dog, who had been sitting on a bench outside Mr McKenna's pub, ran onto the road after him. He swerved to avoid the dog, but ended up coming off his bike.

Mr Heavey was taken to hospital by ambulance. Due to his head injuries he was kept at Beaumont in hospital for a week, and was unable to work for a number of weeks.

The court heard evidence from Mr Geoff Smith, who lived close to the scene of the accident. He said he heard a dog growling and snarling shortly before the accident occurred.

Mr Paul McConnell, the regular postman on the route, said that he was fearful of the dog due to its aggressive behaviour. He accepted that the dog had never attacked him, however he said that on occasions he was unable to deliver post to the McKennas because the dog would act up.

He denied under cross examination from Mr McKenna that he had ever taunted the dog.

In his defence Mr McKenna said that he still had BA, who he described as "a people's dog". He said would not have kept BA around the pub if he had been any trouble. He argued that Mr Heavey should have been able to control his vehicle.

In his judgment Mr Justice Kearns said that on the basis of the evidence before the court Mr Heavey was entitled to succeed in his claim. While Mr Heavey had made a good recovery, what had happened was a "very frightening experience."

The Judge sympathised with Mr McKenna, who told the court that he had had financial difficulties. Mr McKenna told the court that he had entered into a venture to run a hotel, but that business was unsuccessful, and he was unable to afford legal representation.