Woman hit by iron bars on trailer left with brain injury

A 59-YEAR-OLD woman suffered catastrophic injuries when she was struck by iron bars protruding from a passing trailer while out for a morning walk, the High Court has heard.

Frances O’Driscoll was left with irreversible brain damage. Her counsel said the mother of three was walking along the Causeway, Rosscarbery, Co Cork, when metal bars on a passing trailer became loose and hit her on the legs knocking her face down on the ground.

Ms O’Driscoll, of Burgatia, Rosscarbery, is suing Michael Herlihy, of Rosscarbery, who was the driver of the vehicle and trailer, as well as Claramore Construction Ltd, of Claramore, Millstreet, Co Cork, Mr Herlihy’s employers who owned the vehicle and trailer.

She is also suing the Motor Insurers Bureau of Ireland as Mr Herlihy did not have a valid insurance policy at the time of the accident in 2016.

It is claimed there was a failure to secure the iron bars adequately or at all and the bars were negligently, improperly and carelessly transported.

Mr Justice Michael Hanna was told that liability was admitted in the case and it was before the court for assessment of damages only.

Last year a jury at Cork Circuit Criminal Court found Mr Herlihy not guilty of dangerous driving causing serious bodily harm to Ms O’Driscoll on April 16, 2016.

He was found guilty of failing to take adequate precaution to prevent a load from falling from a vehicle and was fined €500.

Opening her action before the High Court, Dr John O’Mahony SC said Ms O’Driscoll was on her morning walk when a vehicle pulling a trailer came by. Counsel said there were 12 iron bars, 20ft feet long, in the trailer and they were protruding about 4ft from the back of the trailer. He said the irons bars became loose and protruded from the side of the trailer.

Ms O’Driscoll was struck in the lower limbs and fell face down on the pathway. She suffered multiple fractures to her legs and lost complete vision in her left eye.

Breaking down in tears as she gave evidence, Ms O’Driscoll said: “I don’t remember the accident. I was going back from my morning walk and it happened to me, unfortunately.”

The hearing continues.