Munster Express Online

A builder’s labourer, who took a short cut to work to avoid heavy traffic on the Ferrybank dual carriageway, was involved in a collision with a truck near the construction site of the new Waterford City Bypass Bridge, the High Court was told in Waterford, this week.

Jason Quinn (34), single of The Fairways, Ferrybank, Waterford, who was on his way to work in Kilmacow when the accident occurred, lost his action for damages against the owners of the truck, Martin Dermody Haulage Ltd, The Quay, Waterford.

Barrister Liam Reidy, SC, for the plaintiff, said the accident happened at 8.10am on a wet morning on September 25, 2007 as the plaintiff drove to work in Kilmacow. On the advice of his father-in-law, who was a taxi driver, he took a short cut and, as he approached the junction at Kilaspy, he saw muck on the road and road work signs. The junction had been taken over for the construction of the new bridge over the River Suir and normally it would be governed by a stop sign. But the stop sign had been interfered with and was facing the wrong way and he did not see it. He slowed down and a large truck reversed out of a road on his right hand side and collided with him. There was no sign of anybody directing traffic.

After the impact the plaintiff was trapped in his vehicle for some time but was cut free by the Fire Brigade and he was taken to Waterford Regional Hospital with injuries to his two feet, neck and shoulder. He suffered a fracture of his right foot and underwent an operation before being discharged from hospital on crutches.

In evidence, Jason Quinn said he normally took the Rockshire Hill Road to Newrath on his way to work but, due to heavy traffic on the Ferrybank Dual Carriageway, he went by an alternative route recommended by his father-in-law, Liam Aylward, a taxi driver. It was a ‘back route’ to work and this was his first time driving on it.

As he approached the junction he noticed the barriers and, as the truck reversed out on top of him, he stood on the brakes. He saw no road signs or markings. The truck did not stop straight away when it made contact with his vehicle.

In reply to questions by Mr. Jeremy Maher, SC, for the defendants, the plaintiff denied that he was ‘flying along’ because he was a bit late for work. The accident was not entirely his fault and he was not travelling fast. He was driving within the speed limit and he slowed down approaching the junction.

Ms. Justice Finlay Geoghegan said the defendant’s driver was delivering to the site and the plaintiff claimed the accident was caused by the negligent driving of the truck driver. It was claimed that the truck driver failed to keep a proper look out or failed to warn approaching traffic of the manoeuvre he was doing and should have sought assistance.

The Judge said she had great sympathy for the plaintiff whose view of the stop sign may have been obstructed but the defendants were in no way responsible for obstructing the view of the sign. The truck driver reversed across the road and it seemed the plaintiff had failed to establish the truck driver was in breach of any duty of care in reversing the truck. The truck driver could not have emerged suddenly for, by the time the collision occurred, the back of the truck was already across the road on which the plaintiff was travelling.

The Judge added that she must regrettable find that the plaintiff had failed to establish the driving of the truck driver was negligent and she dismissed he plaintiff’s claim and allowed the defendants costs