Motorcyclist who lost use of arm in crash sues council over pothole

A Cavan man lost the use of his right arm for life after he was thrown into the air when his motorcycle collided with a tractor…

A Cavan man lost the use of his right arm for life after he was thrown into the air when his motorcycle collided with a tractor, it was claimed in the High Court yesterday. He was driving on the wrong side of the road to avoid an "enormous crater pothole".

The court was also told by the tractor driver, Mr Gerard Lynch, that potholes were taken "for granted" in Co Cavan.

Mr Lynch was giving evidence in the case of Mr Breen McDonnell, now aged 24, Mountnugent, Co Cavan, who is suing Cavan County Council because of the accident near his home on April 16th, 1994.

Mr McDonnell told his counsel, Mr Michael McDowell SC, he was driving a scrambler bike, which was unlicensed and not insured.

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He was travelling at 4045 m.p.h. when approaching a turn near the pothole, which stretched to the centre of the road. He drove on the wrong side of the road to get around it. He saw Mr Lynch, of Fanaught Glogh, Oldcastle, Co Meath, coming towards him, driving a tractor with a slurry trailer about 20 yards away.

Mr McDonnell said "it all happened so quickly". As he tried to get on to the correct side of the road, his bike hit the back wheel of the slurry tank. He did not remember what happened then but assumed he was thrown.

As a result of the accident, he has lost all power in his right arm because the nerves were shattered. He also had an operation on his leg for a broken bone. The doctors believed he would never regain use of his arm and would remain effectively one-armed.

He took a computer course but had not worked since the accident. He would like to work but had lost confidence. He left school at 15 and was working at a local sawmills when the accident occurred. He had been right-handed and it was hard to get used to being left-handed. He was getting £70.50 a week disability benefit.

Cross-examined by Mr Fergus O'Hagan SC, for Cavan County Council, he agreed he could have stopped the bike when approaching the pothole and listened for anything coming. He also agreed he could have driven around the pothole very slowly.

The hearing continues today.