The High Court has dismissed an action for damages taken by a young man against RTÉ broadcaster mr Sean O'Rourke over a road accident in Co Donegal seven years ago.
On the second day of the hearing today, Mr Justice O'Higgins said he found the evidence of Mr O'Rourke about the accident on July 2nd,1995 more satisfactory than that proffered by the plaintiff, Mr Paul Gallagher.
He could not conclude there was even 5 per cent liability on Mr O'Rourke's part. The judge held Mr Gallagher had not proven his case and struck out the action with no order for costs.
The case by Mr Gallagher (24), of Glebe, Downings, Co Donegal, against Mr O'Rourke and the Motor Insurers Bureau of Ireland arose from an accident at a bend on a narrow road near Mr Gallagher's home involving a motorcyle driven by Mr Gallagher and a car driven by Mr O'Rourke.
In evidence, Mr Gallagher agreed that, when the accident occurred, he was driving his Honda 90 motorcycle without a helmet, tax or insurance.
He denied he had no driving licence. He agreed that in a statement to gardaí he had made no reference to Mr O'Rourke driving on his wrong side of the road or to seeing Mr O'Rourke looking out to his right.
Mr O'Rourke, of Avondale Road, Killiney, Dublin, had claimed that Mr Gallagher was driving too fast in the circumstances, took a bend on his wrong side of the road and failed to heed the presence of Mr O'Rourke's car on the road.
Mr Gallagher had claimed that, a result of a fracture to his left foot, he lost out on an opportunity to have a trial with Glasgow Celtic Football Club. The court heard he had secured a trial with Celtic which was due to be held two weeks after the accident occurred.
Mr Gallagher also claimed he sustained a laceration over his right eye, a fracture to a bone in his left foot and other injuries which led to back problems and headaches. He claimed Mr O'Rourke was driving without paying due care and attention, driving on the incorrect side of the road and failing to keep a proper lookout. He further claimed Mr O'Rourke caused an emergency for him and failed to take efficient evasive action.
Mr O'Rourke denied the claims and pleaded that Mr Gallagher was driving an untaxed and unisured motorcyle without a helmet. He also pleaded that if any injuries were caused to Mr Gallagher, which was denied, these were caused solely or, alternatively, contributed to by Mr Gallagher's own negligence.