Case involving collision is dismissed

A COLLISION involving neighbours on a narrow country road on a July morning three years ago was reviewed in District Court sitting at Wexford.

A civil action seeking almost €10,000 to cover the cost of repairs to his Renault Trafic van was taken by Aidan Farrell from Ballydonfin, Glenbrien.

The respondent in the case was John Cullen Grain Limited, Ballylucas, Ballymurn owner of a John Deere tractor which was pulling a trailer.

It was driven by Colm Leacy, who told Judge John Cheatle that he had been working for John Cullen for about ten years.

Construction labourer Farrell gave evidence of how he on his way through Coolmain heading for a site in Crossabeg on the morning in question.

He came around a right hand bend to be confronted by the tractor so he pulled left into the

ditch to avoid the oncoming vehicle.

He felt that, if the John Deere had been closer to its own side, then he would have been able to pass without making contact.

Instead, he hit a stump in the ditch and further damage was caused by contact between his van and the trailer.

Leacy’s evidence was that he was bound for Ballinaboola that day with a 20 tonne load of oats ordered by a customer in Ballinaboola.

The judge concluded that the man in the tractor could have done nothing more to avoid the accident.

It was a very tricky situation and it appeared that the van driver was going slightly too fast to stop safely.

Farrell’s action was accordingly dismissed.