THE HIGH Court has awarded some €32,000 damages to a part-time postman who suffered head injuries as a result of being thrown from his motorbike after a dog ran in front of him.
Clive Heavey sustained two fractures to his skull and was knocked unconscious after a dog, a cross breed between a Labrador and an Alsatian, ran on to the road in front of him on March 23rd, 1998 at Grangegeeth, Co Meath.
The president of the High Court, Mr Justice Nicholas Kearns, said he was satisfied the dog, which was not tied up, had caused Mr Heavey to crash.
He awarded him €32,395 damages.
Mr Heavey (37), Drogheda Road, Slane, Co Meath, had sued the dog’s owner, Richard McKenna, Grangegeeth, Co Meath, alleging negligence and breach of duty. He claimed Mr McKenna failed to control or supervise the dog when the animal had a history of chasing road users and had not complied with the provisions of the 1986 Control of Dogs Act.
Mr McKenna, who represented himself in court, denied the claims.
The court heard Mr Heavey, who was working as a relief postman at the time, was travelling at no more than 65km/h when the dog, who had been sitting on a bench outside Mr McKenna’s pub, ran on to the road in front of him.
He swerved to avoid the animal but ended up coming off his bike and suffering head injuries. He was taken to hospital by ambulance and was detained in Beaumont Hospital for a week and was unable to work for a number of weeks.
In evidence, Geoff Smith, who lived close to the scene, said he heard a dog growling and snarling shortly before the accident occurred.
In evidence, Paul McConnell, the regular postman on the route, said he was fearful of the dog due to its aggressive behaviour. While the dog had never attacked him, he was unable on occasions to deliver post to the McKenna’s because the animal would “act up”. He denied under cross examination from Mr McKenna he ever taunted the dog. In his defence, Mr McKenna said he still had the dog and would not have kept the animal around the pub if he had been any trouble. He argued Mr Heavey should have been able to control his vehicle.
In his judgment, Mr Justice Kearns said, on the evidence before the court, Mr Heavey was entitled to succeed in his claim. While he had made a good recovery, what had happened was a “very frightening experience”. The judge also sympathised with Mr McKenna who told the court he had financial difficulties.
Mr McKenna said he had entered into a venture to run a hotel but that business was unsuccessful and he was unable to afford legal representation.