A FARMER has secured €175,000 damages from the High Court for injuries suffered after the vehicle he was driving collided with a cow on a public roadway in Co Roscommon.
Thomas Mullarkey, Carane, Castleplunkett, Castlerea, Roscommon, had sued Michael Earley, Runnamoat, Roscommon, over the incident at Ballinaheglish, Roscommon, on November 23rd, 2004.
Mr Mullarkey claimed Mr Earley failed to control the cow, caused or permitted it to be on the roadway and failed to ensure adequate fencing. Mr Earley denied the claims and had pleaded any injuries and loss were occasioned in whole or in part by Mr Mullarkey's failure to take adequate care.
Mr Mullarkey suffered a head injury and injury to his shoulder/neck area. Some seven months later, July 2nd 2004, he was involved in another accident in which he sustained a further injury to his head which required stitches. He was diagnosed as suffering post-traumatic epilepsy probably caused by the first incident. Yesterday in the High Court, Mr Justice De Valera awarded Mr Mullarkey €175,000 against Mr Earley. The judge found there was no contributory negligence by Mr Mullarkey.