The High Court dismissed Robert Sienkiewicz’s personal injuries claim against Noel Wall over a collision on the N5 near Cloondara, County Longford, finding that Mr Sienkiewicz’s negligence was the proximate cause and that Mr Wall had not been shown to drive negligently.
In an ex tempore judgment delivered after a three-day trial in Sligo, Mr Justice David Keane found that Mr Sienkiewicz crossed the road diagonally, wearing dark clothing, after sunset and shortly before dusk. The collision happened on a section without street lighting, although a lit section was a little over 100 metres away. The judge said Mr Sienkiewicz did not have right of way.
Mr Sienkiewicz said he looked both ways, saw no approaching vehicle and was struck as he neared the far side of the road. His friend, who was crossing with him, said he heard brakes and saw the car hit Mr Sienkiewicz. Both described the evening as getting dark rather than dark, despite earlier statements recorded as saying it was dark. Their evidence was given through interpreters.
Mr Wall said two men came across the road suddenly. He braked and swerved, but his car struck Mr Sienkiewicz. The judge was satisfied Mr Wall was within the speed limit, had daylight running lights on and had no evident vehicle defects. He found Mr Wall responded reasonably to the emergency and rejected allegations that he should have braked earlier, sounded his horn or flashed his headlights.
The court was not satisfied that the collision occurred during “lighting-up hours”, when vehicle headlamps had to be lit. It relied on evidence that an off-duty garda arrived at about 8.50pm and that lighting-up hours began at 8.52pm that day. The judge concluded that pedestrians on the road could reasonably be expected to follow road safety advice, including crossing only when clear and avoiding a bend.
Mr Sienkiewicz sustained a forehead laceration that left a visible scar, a fractured tooth, bruising and contusions, and a soft tissue neck injury. He later reported back pain, depression and listlessness. The parties agreed special damages of €1,255. The judgment dismissed the claim; it did not award damages to Mr Sienkiewicz.