The High Court found South Dublin County Council fully liable for injuries suffered by a 13-year-old boy struck by a car while crossing the Tallaght Bypass during roadworks. The court apportioned 100% liability to the council and assessed damages at €826,818.86.
The collision happened around midday on 8 November 2008 at the junction with Killinarden Way. The boy had crossed two of the three traffic lanes when he was hit by a car driven by James Mulholland. The judgment says traffic lights likely changed to green for drivers as the boy crossed, and that he had not activated the pedestrian signal.
The boy’s case alleged that the council had failed to provide a safe temporary crossing and adequate warnings, and that a council truck driver, Mr Sutcliffe, had obstructed the crossing and the boy’s view of the pedestrian signal. The council denied negligence and argued that the boy should have used the signal box and waited for a green pedestrian signal. Mulholland also denied negligence.
Justice Irvine found that the temporary signal box was difficult to reach and faced towards Dublin traffic. The council truck had stopped almost 25 feet beyond the junction’s stop line, obstructing the crossing and the boy’s view of the signal on the central island. The judge concluded that it was foreseeable a child might try to cross while traffic appeared stopped, and rejected the council’s argument that the boy should have waited for the truck to clear before crossing.
The judge found the boy was not contributorily negligent. She also found Mulholland was travelling at no more than 29 km/h and had no realistic opportunity to see the boy in time to avoid the collision, given other vehicles blocking his view. The court therefore assigned all liability to the council.
The judgment describes serious injuries, including fractures and a traumatic brain injury, and lasting effects on the boy’s behaviour, education and employment prospects. It assessed damages at €375,000 for loss of earnings, €176,818.86 in agreed special damages and €275,000 in general damages, totalling €826,818.86. The source gives the court’s assessment but does not set out a separate final order for payment.