The High Court found that organisers of a 1999 motorcycle road race near Dundalk should have protected a roundabout kerb with sandbags or other shock-absorbing material after a rider was thrown into it and suffered a serious knee injury.
In a judgment delivered on 13 June 2008, Ms Justice Clark found for Norman Gordon in his negligence action against Louth Motorcycle Racing Club. She said proper safety measures at known danger points should follow a risk assessment, rather than depend on comments made by competitors after a practice run.
Mr Gordon was injured during a race on a closed section of the main Dublin to Belfast road outside Dundalk. He alleged that another rider, Damien Mulleady, cut across his path while approaching the Ballymascanlan roundabout, causing a crash. He also argued that the organisers negligently left a high kerb unprotected.
The judge accepted evidence that the two motorcycles crashed within seconds of each other after Mr Mulleady misjudged the safe speed for the corner. She found his inexperienced riding caused or contributed to the incident. But she could not conclude that his 1000cc motorcycle, rather than his inexperience and youth, caused the crash. She therefore did not attribute blame to the organisers for allowing him to enter the open race on that bike.
The judgment made no finding on whether a committee motion limiting support riders to 750cc in open races was binding before formal approval. The court’s finding for Mr Gordon rested on the unprotected kerb: it accepted engineering evidence that cushioning it would probably have reduced the seriousness of his injury.
Mr Gordon suffered a severe fracture and dislocation of his left knee, underwent several operations and extensive physiotherapy, and could no longer work as a plasterer or compete in motorcycle racing. The judgment said he retained his income by managing his business and employing other plasterers.
The court assessed pain and suffering at €70,000 for the past and €40,000 for the future. It awarded €50,000 for loss of employment opportunity and allowed agreed special damages of £7,107.50 sterling. The total award was €160,000, plus the euro equivalent of the sterling damages and the costs of the action.