Cyclist who crashed after allegedly hitting pothole sues council

A cyclist who claims he sustained a brain injury when thrown from his bicycle after allegedly hitting a pothole has sued Galway County Council in the High Court.

Nathan King, who was a 16-year-old Leaving Cert student at the time , told the court he was cycling home from hurling training on the outskirts of Galway city on March 20th, 2012 when he hit "something".

The next thing he remembered was waking up in hospital, he said.

“I felt the front of the bike hit something. I can’t remember anything after that.”

He agreed he was not wearing a cycling helmet and had no light on his bike.

Mr King, now aged 21, Baile an Choiste, Castlegar, Co Galway has sued the Council as a result of the incident on the Parkmore Hill heading towards the Tuam-Galway road.

Mr King claims he was propelled over the handlebars and his head impacted with the ground after his bicycle allegedly hit a recessed manhole. He suffered a brain haemhorrage, was in a coma afterwards and spent several weeks in hospital. He also fractured his thumb.

He alleges failure to have any measure in place to prevent persons hitting the uncovered surface, including any safety covering. He also claims failure to warn him or cordon off an area with an alleged dangerous pothole or broken surface.

ThecCouncil denies the claims and also pleads Mr King was cycling downhill at excessive speed, failed to see where he was cycling and failed to wear a helmet. It alleges Mr King was the author of his own misfortune and also allegedly cycled with his hurley across the handlebars.

Opening the case for Mr King, Edward Walsh SC said the world was his client’s “oyster” before the incident. He had achieved an honours Junior Cert and wanted to join the Army but that was not now possible.

Life for Mr King now is where “everything is a struggle, everything is difficult, everything is a challenge”, counsel said.

In evidence, Mr King said he was on the way home from hurling training about 9.30pm. It was relatively dark but he could “visualise” where he was going, he said.

Under cross-examination by Noel McCarthy SC, for the council, Mr King said he did not have a helmet because at that time of night, he knew the roads were very quiet.

He agreed he did not have a light on his bike. He said he cycled home in his hurling gear and would have taped his hurley to the cross bar. He agreed there was a cycle path and said he had used it going up the hill.

In evidence, Garda Sheena Gill said she attended at the scene. At a distance from the bicycle and Mr King was a manhole cover with potholes to the side of it, she said. There was a skid mark from the manhole which had what looked like skin and human hair on it.

The tyres of the bicycle were flat but she could not recall if there was a hurley on the handlebars. She later heard the council went out the next day to fix the pothole, she added.

The case continues before Mr Justice Anthony Barr.