A woman who claimed her car aquaplaned on a bend on a Tipperary road and that as a result she suffered a profound brain injury has settled her High Court action claiming there was insufficient drainage on the road.
On Thursday, on the third day of the hearing, Ms Justice Leonie Reynolds was told Tara Mulrooney’s claim against South Tipperary County Council has been resolved. The now-defunct council entity has been subsumed into Tipperary County Council.
Ms Justice Reynolds commended gardaí who came upon the crash for their bravery in containing a fire that started after Ms Mulrooney’s car had hit a tree. Ms Mulrooney would not be alive but for the actions of the gardaí, the judge said.
The High Court earlier heard Ms Mulrooney was found slumped unconscious in her car after it allegedly went out of control and hit a tree at a bend on the Clonmel to Fethard road 12 years ago.
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Opening the case on Tuesday, Liam Reidy SC, instructed by David Burke Solicitors, 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 that the ponding occurred as a result of alleged lack of drainage. It was further contended that that there was a failure to “super-elevate” the road.
Counsel said a fire broke out after the crash and there was a danger Ms Mulrooney would be burned alive. He said gardaí who came on the scene sought 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, Mr Reidy said. She now has persistent cognitive deficits and has a problem with balance, he said.
South Tipperary County Council contended that the road surface at the location in question was more than satisfactory and offered more than sufficient grip to vehicles.
It further alleged that Ms Mulrooney was driving a dangerously defective vehicle with completely bald and underinflated tyres.
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