A man who suffered a serious back injury after he fell off his bike which slipped on a road surface where he claimed excessive sealant had been used has been awarded €64,000 by a High Court judge.
Ms Justice Bronagh O'Hanlon said it was clear Joseph Kearney suffered severe pain and a loss of the amenities of life to a significant degree when he was in extreme pain for nine months and had fairly significant pain and suffering for two years.
Joseph Kearney (47) of Portlaw, Co Waterford had sued Tipperary County Council which is responsible for the upkeep of the road and Roadstone Wood Ltd with offices at Tallaght, Dublin who had carried out work on the road at at Ballinaraha, Kilsheelan, Cloneml, Co Tipperary where the accident occurred on St Stephen's Day 2011.
Finding both Tipperary County Council and Roadstone Wood Ltd liable, the judge said it seemed to the court they accepted evidence put forward on behalf of Mr Kearney there was faulty workmanship in terms of the original work on the road and the repair.
A similar incident had occurred elsewhere on the road and had been witnessed by one of the witnesses who gave evidence in the case, the judge said.
Roadstone Wood Ltd she said carried out the remedial works and did so without ensuring the work was done to the correct standard in line with the correct specifications.
Ms Justice O'Hanlon said Tipperary County Council was also negligent because it could not but have reasonably foreseen that such patching negligently done in breach of the regulations would cause an accident and it was well aware there had been a similar accident.
Ms Justice O'Hanlon said Mr Kearney had given evidence that about 17 people were cycling two abreast on the hard shoulder. Mr Kearney who was wearing a helmet approached a curve on the road and suddenly and without warning he was caused to slip and fall from his bicycle.
The judge said he had given his evidence carefully and honestly and did not exaggerate his situation.
As to the cause of the accident, the judge said it was quite clear and there was no real dispute between the engineers in the case that the bitumen sealant was not in accordance with the NRA specifications.
It was the duty of both the local authority and Roadstone, the judge said to ensure the contract was fulfilled in line with the specifications.