A NATIONAL Car Testing Service mechanic has lost a High Court action for damages over injuries suffered when the bonnet of a car being tested by him collapsed on his head and neck.
Charles Coogan (30), Brackenwood Drive, Balbriggan, Co Dublin, had sued NCT Services Ltd and the car owner, Dermot Delaney, Riverwood Place, Castleknock, Dublin, over the incident.
Both defendants denied the allegations and also pleaded the injuries allegedly suffered were caused or contributed by his own failure to take adequate precaution for his own safety.
The court was told the accident occurred on June 17th, 2008, shortly after Mr Coogan raised the bonnet of the Seat Ibiza car while testing it at the NCT centre in Ballymun. Mr Coogan claimed damages for neck and back injuries.
In his judgment yesterday, Mr Justice John Quirke said he was satisfied no duty rested upon the NCT in 2008 to provide Mr Coogan or any of the experienced mechanics working as testers within its organisation with bonnet stabilisation devices of the kind discovered by Mr Coogan after the accident.
Evidence had been given that the practice of using broom handles and other similar wooden poles for the purpose of securing the bonnets of vehicles was considered reasonable and adequate within this jurisdiction and other jurisdictions in 2008, he said.
Mr Justice Quirke said a consulting engineer had told the court he was not aware of any training institution, motor employer or similar organisation within this jurisdiction or others, which specifically warned trained motor mechanics of the risk that the bonnets of vehicles on which they were working might collapse unexpectedly and that it was necessary to examine the stabilising mechanism in order to ensure stability and security.
The judge said the allegation of negligence against the owner of the car was confined to the allegation that he was aware the system for securing the bonnet of his vehicle when it was raised was faulty but he failed to notify the plaintiff or his employers of that fact when handing over his car to be tested.
Since Mr Coogan was an experienced mechanic who failed to notice any design fault or cause for concern in relation to the system for securing the bonnet when raised, it was not surprising that the owner, a schoolteacher, did not detect any cause for concern either, the judge said.
On foot of those and other findings, he dismissed the claim.