A FARMER who was struck by a car while walking on the road at night was 60 per cent responsible for the injuries he sustained due to his failure to walk on the side of the road facing oncoming traffic, carry a lamp, or wear reflective clothing, the High Court has ruled.
Mr Justice Daniel Herbert ruled that the car driver, John Gordon, was not driving at an excessive speed when his car struck Desmond Davis on the road between Ballinalee and Drumlish, Co Longford, at about 10.30pm on the night of July 2nd, 2004. The judge ruled that Mr Gordon was 40 per cent liable for the injuries sustained by Mr Davis, while Mr Davis was 60 per cent liable.
In light of those findings, the judge reduced from €98,909 to €39,563 the damages to be paid to Mr Davis (55), Ohill, Drumlish, Co Longford, by Mr Gordon, a mechanic, of Grange Lawns, Mullingar, Co Westmeath.
In his decision, Mr Justice Herbert said there was no evidence Mr Gordon was driving at an excessive speed.
He had been dazzled by oncoming headlights and started to slow down. The evidence was that Mr Gordon was travelling at about 72km/h (45mph) when, suddenly, there was a bang on the left side of his car and the wing mirror seemed to fly off, the judge noted.
The car had struck Mr Davis in the area of his right buttock and he was thrown onto the roadside bank from where he rolled onto the surface of the carriageway.
Mr Justice Herbert said he accepted Mr Davis had suffered a serious injury to his ankle and now walked with a slight limp.