Man settles case over collision with heifer’s hoof

A man who was injured after being struck by a heifer's hoof when the "boy racer" car in which he had taken a lift crashed into cattle has settled his High Court action.

No terms of settlement were disclosed.

Paul Hannigan took a lift in the car in Co Tipperary on October 18th 2010 after his own truck went off the road, the court heard.

He suffered injuries to his chest, neck and shoulder in the accident but the driver of the crashed car left the scene and Mr Hannigan had to flag down another motorist for help, the court was told.

Mr Justice Michael Hanna was told the car driver remains unidentified and untraced.

Mr Hannigan (48) Ballingeary East, Clonmel, sued the Motor Insurers Bureau of Ireland because the car driver was uninsured, unidentified and not traced. He also sued the owner of the cattle, farmer Richard Moloney, Ballinahow, Ballycahill, Thurles, Co Tipperary as a result of the accident.

He claimed the car was driven at excessive speed into a collision with a cow on The Ragg to Thurles road. He claimed e cow, which was allegedly straying on the public road, was caused to collide with the car, breaking the windscreen and inujuring Mr Hannigan.

The accident was caused by the negligence and breach of duty of the driver and/ or the owner of the heifer, he claimed.

The claims were denied.

Outlining the case, Jeremy Maher SC, for Mr Hannigan, said his client had been walking after 11pm at night to get home after his truck went off the road.

He said Mr Hannigan’s first misfortune that night had been to leave his mobile phone at home. The truck accidentally drove off the road and was damaged so Mr Hannigan had set off with a torch and a high visibility jacket to walk the many miles home, he said.

After walking for a couple of hours, a “boy racer” car pulled up and the occupants offered him a lift, counsel said. Because of “the extemis he was in”, Mr Hannigan got into the front seat of the car.

Mr Hannigan had to ask the driver to slow down and eventually he did so but a number of black limousin heifers were on the road at The Ragg, counsel said.

The driver should have been able to stop the car but it hit a heifer which was thrown over the car and its hind leg hit the windscreen and Mr Hannigan, counsel said.

Counsel said the driver and the other occupant of the boy racer car left Mr Hannigan and drove off and he later managed to flag down another car.

Counsel said Mr Hannigan suffers from flashbacks and still suffers back and shoulder pain.

After talks between the parties, Mr Justice Hanna was told the case had settled.