A Co Donegal woman has secured €17,500 damages against former convicted kidnapper Eddie Gallagher over injuries suffered when she tripped over a metal casing for a street bollard outside his shop in Ballybofey.
The casing had been installed by Donegal County Council.
Margaret McLean (53), of Townparks, Convoy, had sued the council over the fall which occurred while she was out shopping on March 29th, 2003. She claimed she sustained injuries to her wrist and abrasions to her knee and nose as a result of the fall.
The council denied liability, pleaded contributory negligence by Ms McLean in allegedly failing to watch where she was walking and also alternatively pleaded that, if the accident occurred as alleged, it was a result of negligence and breach of agreement by Mr Gallagher who, it claimed, caused the tripping hazard.
Mr Gallagher, of Cappry, Ballybofey, was joined by court order as a defendant to the action and, in a defence, denied either negligence or breach of duty. He also alleged the fall was due to Ms McLean's own negligence in allegedly failing to look where she was going, to take any obvious avoidance measures and to use her common sense.
Mr Gallagher also claimed the council was liable and had not heeded his objections to the bollards being installed. Mr Gallagher claimed the bollards were being installed purely to force people to park in the 'pay and display' car park owned by the council and also alleged the bollards were installed with a defective locking mechanism.
When the case was before Mr Justice Vivian Lavan today, Mr Gallagher did not appear and his counsel said he had received a letter from him on June 20th last indicating he was withdrawing instructions and would conduct the case himself.
A council official told the judge in evidence that Mr Gallagher had approached the council a number of times to install bollards at the front of his premises to stop people parking there.
Fergus O'Hagan SC, for the council, said Mr Gallagher had put in a defence saying he had objected to the bollards being installed but it was the council's case that Mr Gallagher had asked for the bollards.
Having heard evidence from Ms McClean and from two council officials, Mr Justice Lavan struck out the case against the council. She found negligence by Mr Gallagher in the matter and awarded €17,500 to Ms McLean.
Mr Gallagher had shown a "contemptuous approach" to the case, the judge remarked.
Eddie Gallagher served 14 years in jail after he was convicted of the 1975 kidnapping of Dutch industrialist Dr Tiede Herrema. Gallagher's accomplice, Marion Coyle, served 10 years.
Dr Herrema was released on November 5th, 1975 after 36 days in captivity. Gallagher and Coyle surrendered when their hideout was discovered by gardaí.