A lorry driver was fatally injured and the vehicle he was driving was written off when another lorry travelling in the opposite direction crossed a dual carriageway and the vehicles collided, Mr Justice O Caoimh was told in the High Court yesterday.
Transbound Ltd, a transport company based at Sallybrook Industrial Estate, Glanmire, Co Cork, has brought an action for damages against the owners of the other truck, Glenroe Transport Ltd, based at Cedarwood Cresent, Kilcoole, Co Wicklow; the driver of another vehicle, Mr James Deveraux, of Knocktopher, Co Kilkenny; and Kildare County Council.
Ms Miriam O'Riordan SC, for Transbound Ltd, said the accident happened on January 23rd, 1997, on the dual carriageway between Kill and Naas, Co Kildare. Mr Paudie Fitzgerald, of Midleton, Co Cork, the driver of a truck belonging to her client, was travelling towards Dublin and was fatally injured.
Ms O'Riordan said the Transbound vehicle was on the northbound carriageway at about 7 a.m. when the vehicle driven by Mr Deveraux, travelling in the same direction, crossed over to the southbound carriageway and collided with the truck owned by Glenroe Transport.
After the collision it appeared the Glenroe Transport truck crossed to the northbound carriageway and as a result the accident occurred.
Ms O'Riordan said Glenroe Transport was being sued on the basis that its truck came from the correct side of the road to the incorrect side and presented her clients with a situation about which they could do nothing. The claim against Mr Deveraux was that he was travelling at an excessive speed which led to him going out of control.
The council was being sued as the road authority. Ms O'Riordan said witnesses would say it was a cold night and water was seeping on to the carriageway from a burst water main. There would be evidence this main had given trouble on previous occasions. The hearing continues today.