The High Court dismissed Adrian O’Sullivan’s action against Louise Nally after finding that his motorcycle crossed slightly over the centre line and collided with her car on its correct side of the road.
Mr Justice Barr’s judgment, delivered on 21 April 2015, concerned a collision on 16 August 2011 on the Old N55 between Granard, County Longford, and Ballinagh, County Cavan. The judge found that Ms Nally’s car was travelling within the speed limit and did not cross the centre line. He concluded that liability for causing the accident rested with Mr O’Sullivan and dismissed his claim.
The accounts of how the crash happened differed. Mr O’Sullivan said Ms Nally’s car crossed the continuous white line and its wing mirror struck his right shoulder as he rounded a bend. Ms Nally said he crossed onto her side and hit her driver’s-side mirror and the side of her car. The driver and passenger in a van behind her gave evidence supporting her account.
The judge also heard from Bernard Donohue, who said he had seen Mr O’Sullivan approaching at about 40mph and in the centre of his lane shortly before hearing the crash. There were no skid marks from either the motorcycle or Ms Nally’s car, so the point of impact could not be determined from the road surface.
The court considered a cautioned statement Mr O’Sullivan gave to gardaí about five months after the collision. He said he could not remember the impact and did not mention Ms Nally crossing the line or her mirror hitting him. Mr O’Sullivan said he had been in severe pain when making the statement. The judge accepted the garda’s evidence that he recorded what Mr O’Sullivan told him and found that the plaintiff had not made those allegations during the statement.
The judge said the van’s occupants were in a good position to see the collision, about 20 metres behind Ms Nally’s car, and accepted their evidence as honest and accurate. He found that the motorcycle crossed slightly over the centre line, struck the car’s wing mirror, travelled along its side and made a second impact near the rear bumper before Mr O’Sullivan came off the motorcycle.
The judgment records that Mr O’Sullivan suffered severe injuries, including fractures, lung injuries and ongoing pain. The court’s decision concerned liability for the collision: the action was dismissed. The judgment does not state a damages award or make an order for costs.