A FORMER lorry driver who claimed that part of his arm was severed and never recovered following a collision with a truck has settled his High Court action on undisclosed terms.
Seán Geraghty’s right arm was severed five inches below the elbow after a collision with a truck as it passed his car on a narrow rural roadway, it was claimed. The court heard he believes foxes or rats may have taken his arm.
Mr Geraghty, Church Road, Oldcastle, Co Meath, had sued lorry driver Edward Gavin of Oliver Plunkett Street, Oldcastle, alleging negligence and breach of duty of care following an alleged accident on July 15th, 2003, on the Ballyjamesduff to Oldcastle road in Co Meath.
The claims were denied. Lawyers for Mr Gavin said their client had no knowledge of the incident and claimed it never took place at the location outlined by Mr Geraghty.
Yesterday, Patrick Keane SC, for Mr Geraghty, told Mr Justice John Quirke the case was settled and could be struck out.
The terms of the settlement were not disclosed.
Mr Geraghty claimed the incident occurred when he was driving his car towards Oldcastle at about 11.30pm on July 15th, 2003. He claimed the defendant’s truck came towards him in the opposite direction and he slowed down due to concern there was insufficient room for two vehicles to pass except at a slow speed.
To avoid a collision, he also attempted to bend back the driver’s side wing-mirror, he claimed. As he was doing that, he alleged the collision occurred, resulting in his arm being severed.
Mr Keane told the court blood was found at the back of Mr Gavin’s truck at the likely point of impact at the same level as the wing mirror on Mr Geraghty’s car.
The court heard Mr Geraghty was taken to hospital, was in severe pain for a long time and had not worked since the accident.
In his evidence, Mr Geraghty said Mr Gavin called to see him in hospital two or three days after the accident and said he was sorry about the accident.
Vincent Foley SC, for Mr Gavin, said it was their case Mr Geraghty was drunk on the night in question. His arm had never been found and there was no DNA evidence, counsel said.
Under cross-examination, Mr Geraghty denied he and his passenger were “stinking with drink” on the night in question. He had only three or four pints of beer shandy, he said.
He agreed he was arrested for drink-driving a few months prior to the accident and was convicted in 2003 and put off the road for two years.
Asked why his arm was never found, he said the accident occurred beside a bog and “it could have been foxes and rats” who were responsible for its disappearance.