Judgment: 2023-06-27 · Court archive

High Court awards €69,000 over Newport pothole injury

The court found Tipperary County Council liable for defective road repairs that led to a courier’s knee injury, and awarded damages including future pain and suffering and an expected operation.

High Court · [2023] IEHC 362

Who, what, where, when and why

Who
  • Edward Hickey (Plaintiff)
  • Tipperary County Council (Defendant)
What

The court found Tipperary County Council liable for defective road repairs that led to a courier’s knee injury, and awarded damages including future pain and suffering and an expected operation.

Where

Places mentioned in the report

  • Old Cork Road
  • Accommodation centre
  • Newport
When

Judgment:

Why

Reasons reported in the judgment

Mr Justice Barr found Tipperary County Council liable for the hazardous state of the road, which he concluded resulted from defective repairs. He also found no contributory negligence by the plaintiff, Edward Hickey, accepting that the hole would not necessarily have been apparent while he was getting a parcel from his van.

The High Court has awarded €69,000 to a van driver who injured his right knee after stepping into a pothole while delivering a parcel on Old Cork Road, Newport, in August 2018.

Mr Justice Barr found Tipperary County Council liable for the hazardous state of the road, which he concluded resulted from defective repairs. He also found no contributory negligence by the plaintiff, Edward Hickey, accepting that the hole would not necessarily have been apparent while he was getting a parcel from his van.

The accident happened at about 10.30am on 28 August 2018. Mr Hickey said the hole was about two feet wide and eight inches deep. He stumbled but did not fall. He reported immediate, severe knee pain and was unable to continue working that day.

Medical evidence described a significant soft tissue injury to the knee, alongside degenerative changes that had been present but caused no symptoms before the accident. An MRI later showed cartilage thinning and a possible meniscal tear. The judge accepted orthopaedic surgeon John Rice’s evidence that the accident probably caused the tear and that recurring pain flare-ups were likely related to it.

Rice initially considered surgery unnecessary, but later recommended arthroscopy after an injection did not provide lasting relief. The judge accepted that the procedure was warranted and likely to improve, but not eliminate, the plaintiff’s symptoms. The judgment said the operation was expected towards the end of summer 2023; the source does not state whether it took place.

The judge accepted that ongoing knee problems led Mr Hickey to give up work as a part-time goalkeeping coach and van driver. He now works as an administrator at an accommodation centre and can help manage soccer teams but cannot actively coach them.

The award comprises €45,000 for pain and suffering to date, €15,000 for future pain and suffering, €5,000 for the surgical procedure and €4,000 net for four weeks’ post-operative loss of earnings. The court entered judgment for the total against the council.

Read the original court judgment

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