The High Court has found a taxi driver was not legally liable for a man’s fractured ankle after the man fell beside the taxi during a street fight in Mullingar. The court concluded that the plaintiff, Eddie Reilly, was wholly responsible for the injury and dismissed his claim against Michael Mangan.
In a judgment delivered on 21 February 2019, Mr Justice Twomey said Reilly had been drinking heavily and willingly took part in a fight that moved into a busy street. He fell or was knocked to the ground beside the taxi’s rear wheel while Mangan was stopped at a red light. When the light changed, Mangan drove forward and a wheel passed over Reilly’s ankle. Reilly was admitted to hospital and later underwent surgery.
The judge accepted that Mangan checked his mirrors before driving away. The court found Reilly was outside the mirrors’ field of view while lying on the ground beside the rear wheel. It also accepted that Mangan and his female passenger were at risk as people involved in the fight fell against the taxi, and that Mangan locked the doors for their safety. The court held he acted reasonably in moving away from the disturbance and had to watch the road ahead as he drove.
The judgment records serious concerns about Reilly’s credibility. In a statement to Gardaí in April 2015, he described approaching the taxi alone and suggested Mangan had clipped him as the vehicle moved off. The court found that account was contradicted by CCTV, which showed Reilly involved in the fight and his partner with him throughout. Reilly later gave evidence consistent with the footage. The judge described the earlier statement as a fabrication.
The court also considered proposed changes to a medical report. The original report said Reilly had no functional deficit at home, continued working as a scaffolder at the same workload as colleagues and walked recreationally. His solicitor sent the doctor proposed amendments based on Reilly’s instructions, including reported difficulty with stairs and ankle discomfort after long workdays. The judgment noted that both versions and related correspondence were provided to the other side and the court.
Applying the duty to take reasonable care, the judge found Mangan had discharged that duty by checking his mirrors before leaving the volatile scene. The court said the injury resulted from Reilly’s decision to drink heavily and join the fight, or the actions of those fighting with him. No legal liability was found against Mangan.