The High Court dismissed Jason Flynn’s personal injury claim against South Tipperary County Council over a 2013 crash on the Fethard to Killenaule road. The court found, on the balance of probabilities, that he was travelling at an unsafe speed as he approached a bend and that he could have avoided the crash by slowing down for warning signs.
The ex tempore judgment was delivered by Mr Justice Twomey on 29 June 2017. The accident happened at about 5pm on 21 June 2013. Flynn lost control of his car while rounding the bend; it sustained damage on the driver’s side and came to rest in a ditch, facing the opposite direction.
Flynn alleged the council was responsible because road repair works had left excess loose chippings and there were no warning signs. He told the court he had geared down to fourth gear and was travelling no faster than 50 kilometres per hour. He said there were no visible signs warning of loose chippings, road workers or a 35kph safe speed.
The council’s road overseer, Jimmy Horan, testified that warning signs had been put up every 120 metres before the accident location on 6 June and that he checked they remained in place on 19 June, two days before the crash. A mechanic who removed the car, Trevor McNamara, was reported by the plaintiff’s engineer as believing there were two speed signs on the road at the time, though he thought more signs were added afterwards. The judgment records that Flynn accepted in cross-examination that, had he seen a 35kph sign, he would have travelled at that speed and would not have had the accident.
The court also considered a previous crash on 26 October 2012, in which Flynn had been a passenger and complained of left shoulder pain. His personal injury claim concerned reduced movement in the same shoulder. The judgment said he had not mentioned the earlier crash in replies about prior injuries and had denied involvement in any previous accidents when questioned. The judge described his answers and explanation as disingenuous and treated his account of his speed with caution.
The court accepted Horan as a convincing witness. It found that Flynn was travelling at 50kph or more, too fast for the bend, and that if he had taken sufficient care he would have seen the signs and slowed to 35kph. The court dismissed the claim. The judgment does not state a damages award or make any further order.