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A cyclist who was injured when a Range Rover car rolled over his foot has been awarded just over € 20 ,000 by the High Court after he was found 60 per cent responsible for the accident. Pat Deegan, a bicycle shop director, had sued motorist Jennifer McPartlin over the accident near Eglington Road
A cyclist who was injured when a Range Rover car rolled over his foot has been awarded just over € 20 ,000 by the High Court having been found mostly Mr Deegan was found 60% liable because he "recklessly" broke a red traffic light while Ms McPartlin was 40% liable because she failed to keep a
A cyclist who broke a red light and had his foot rolled over by a motorist has won damages in the High Court.
Pat Deegan, 49, who runs a bicycle shop, had sued Jennifer McPartlin, the driver of a gold Range Rover, following the accident at the Donnybrook end of the Eglington Road in Dublin 4.
Judge David Keane noted that Mr Deegan, from Anne Devlin Road in Rathfarnham, Dublin, had fractured a bone attached to his ankle.
Examining the evidence, he said the driver was 40% responsible for the accident, for not keeping a proper lookout.
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But he said Mr Deegan was 60% responsible, for his ‘recklessness in cycling through a red light’.
He therefore awarded Mr Deegan €20,000 in damages; a 60% reduction from the €50,000 he would otherwise have received to compensate for his injuries.
The issue of how the costs of the case will be divided between the parties has not yet been decided.
Giving the background to the case, Judge Keane said that the accident took place at around 8.20am on May 18, 2015.
He said Ms McPartlin, whose address was given as care of Allianz Insurance in Merrion Road, Dublin 4, had driven south along Brookvale Road, and was attempting to turn right, out of that side road, onto the westbound carriageway of Eglington Road.
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Grandfather Robert Whatley, 73, was pulled over in his Range Rover in 2009 and expected the officer to gently knock on his window. But one policeman hit the glass 15 times with his baton - while another climbed onto the bonnet to kick in the windscreen of the £60,000 car.
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Mr Deegan had been cycling along the eastbound carriage of Eglington Road, on his regular commute to his bicycle shop in Sandymount.
Judge Keane noted that Mr Deegan had been a cyclist all his life, and that he had cycled that route regularly for four years.
The judge said there was an uninterrupted line of stationary traffic on the eastbound side of Eglington Road, on either side of some pedestrian lights.
Mr Deegan claimed the lights were amber when he cycled across them, but Judge Keane said he preferred eyewitness evidence that they were red.
The judge noted that Mr Deegan alleged Ms McPartlin rolled over his foot while she was nudging forward to pull out, looking in the opposite direction.
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He said the cyclist had thumped the bonnet of the jeep as hard as he could, and Ms McPartlin reversed her vehicle off his foot.
Ms McPartlin claimed that she had not seen anything coming from her right, and that she travelled the route twice a week and generally waited for the pedestrian lights to go red before emerging, as she felt it was safer that way.
She claimed Mr Deegan failed to take reasonable care for his own safety, had failed to stop at a red light and had caused the collision.
Judge Keane said, on the balance of probabilities, that Mr Deegan had recklessly broken the red light at the pedestrian crossing, and that while he continued along the Eglington Road, Ms McPartlin had negligently assumed it was no longer necessary to keep a proper lookout because the lights had changed.
He said Mr Deegan had seen her moving across his path into a yellow box junction. To avoid a collision, he said, Mr Deegan had swerved to his right, out of the cycle lane, hoping to alert her to his presence, and to cycle around the front of her vehicle.
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A cyclist was sent flying over the handlebars after a collision with a 4x4. The rider can be seen in a heap on the concrete after the tumble. The driver of the Range Rover climbs out of the car to check on the cyclist , who was wearing a blue jacket, and the rider pulled himself to his feet .
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Unable to do that, he was forced to stop instead. Having stopped, he put his left foot on the floor before Ms McPartlin noticed him, and her vehicle rolled onto his foot, the court heard.
The resulting fracture required surgery, and Mr Deegan had to take three weeks off work, the judge said. He required physiotherapy, but has now largely recovered, the court heard.
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