A woman who claims her car aquaplaned on a bend on a Tipperary road and she suffered a profound brain injury has sued in the High Court claiming there was insufficient drainage on the road.
Tara Mulrooney, a mother of three, was found slumped unconscious in her car after it went out of control and hit a tree at a bend on the Clonmel to Fethard road 12 years ago, her lawyers told the court.
She sued South Tipperary County Council, which has been subsumed into Tipperary County Council, over the incident on July 13th, 2012.
Opening the case, Liam Reidy SC said the incident occurred on a right-hand bend after a rain shower. He said it was their case that water had pooled on the road and the ponding occurred as a result of an alleged lack of drainage. It is further contended that that there was a failure to “super elevate” the road.
Ireland has been surpassed as ‘the largest open-air lunatic asylum in the world’
Nanci Griffith: From a Distance review – harrowing account of the country music star’s life that ended in isolation and alcoholism
Patrick Freyne: I joined a gym this year. Here’s how working out is working out
‘Show some respect’, Brian Cowen told Gerry Adams in furious Belfast meeting, records show
Counsel said a fire broke out after the crash and there was a danger Ms Mulrooney would be burned alive. He said gardaí who arrived on the scene attempted to put the fire out along with locals who provided buckets of water.
Ms Mulrooney suffered a severe traumatic brain injury and was in hospital for five months, said Mr Reidy. She now has persistent cognitive deficits and has a problem with balance, he added.
Ms Justice Leonie Reynolds was told the case is a highly technical one and as many as three engineers are due to give evidence as part of Ms Mulrooney’s claim, while two more will give evidence for the council.
The judge must decide who is liable.
South Tipperary County Council denies all of the claims and contends that the road surface was more than satisfactory and offered more than sufficient grip to vehicles.
It has further alleged that Ms Mulrooney was driving a dangerously defective vehicle with completely bald and underinflated tyres. It also claims she failed to slow down or moderate her speed for the weather conditions.
Ms Mulrooney (45), who now lives in Waterford city, claims the council failed to lay rough chip asphalt on the section of road where the crash occurred.
She also alleges the location of the incident did not provide sufficient drainage and there was a failure to comply with the council’s obligations under the road Acts.
The case continues before the judge.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis