Elbow fracture Motorcyclist injured after bike hit crowd-control barrier settles High Court action
He claims the barrier had been left at an oblique angle at the mouth of Kilbush Lane in Rush town where the Harbour Festival was on for the bank holiday weekend
A motorcyclist who was injured when his bike hit a crowd-control barrier allegedly left on a roadway for a community festival has settled his High Court action.
Des Kearns (57), of Wooddale Road, Rush, Co Dublin, sued Fingal Co Council, event managers ALA Markets and Events Ltd, of Glasnevin, Dublin, and by order of the court, CFTB Rush Harbour Festival, the local organisers of the event.
The defendants denied negligence and claimed contributory negligence on the part of Mr Kearns for travelling too fast and failing to keep a proper lookout.
Following talks, the court was told on Thursday by Mr Kearns counsel Declan Doyle SC the case had been settled.
Counsel asked the court to make orders on consent for Mr Kearns' costs against the Rush Harbour Festival defendant, to be adjudicated in default of agreement. The case could be struck out with no order against the council or ALA Markets and Events.
Ms Justice Mary Rose Gearty welcomed the settlement and passed on her best wishes to Mr Kearns.
The court heard Mr Kearns, who had been a baggage handler at Dublin Airport at the time of the accident, fractured his elbow when he came off his bike after hitting the three-foot-high barrier at around 5am on July 31, 2016, as he was on his way to work.
He claims the barrier had been left at an oblique angle at the mouth of Kilbush Lane in Rush town where the Harbour Festival was on for the bank holiday weekend.
He eventually had to give up his job as a baggage handler because it was physically too difficult, counsel said. He had not gone back on the motorbike as a result of the psychological effect and physical difficulty in using the clutch on the bike.
He denied, under cross examination, he had failed to keep a proper lookout or was travelling at speed.
- Irish man arrested in London accused of stealing high-end cars in Dublin and Kildare areas
- Video captures shocking moment Brinks van transporting money catches fire on the N11
- Shocking video shows girl (15) attacked and beaten by middle-aged woman in Dublin
- Vicky Phelan shares pics of ‘pure bliss’ Co Clare getaway
- Three arrested after car smashes into Irish tanning shop causing huge fire
- What time, channel, team news and all you need to know about Man City v Aston Villa
- Jurgen Klopp with a warning to Man City as Premier League title race reaches conclusion
- Tennis plunged into civil war as ranking points are stripped from Wimbledon over Russia ban
- Fernandinho ‘really proud’ of achievements as he prepares for City swansong
- No hangover next season if Arsenal miss out on Champions League – Mikel Arteta