A motorcyclist who was injured when his bike hit a crowd-control barrier allegedly left on a roadway for a community festival has settled his High Court action.
Des Kearns (57), of Wooddale Road, Rush, Co Dublin, sued Fingal Co Council, event managers ALA Markets and Events Ltd, of Glasnevin, Dublin, and by order of the court, CFTB Rush Harbour Festival, the local organisers of the event.
The defendants denied negligence and claimed contributory negligence on the part of Mr Kearns for travelling too fast and failing to keep a proper lookout.
Following talks, the court was told on Thursday by Mr Kearns’s counsel, Declan Doyle SC, the case had been settled.
Counsel asked the court to make orders on consent for Mr Kearns’s costs against the Rush Harbour Festival defendant, to be adjudicated in default of agreement. The case could be struck out with no order against the council or ALA Markets and Events.
Ms Justice Mary Rose Gearty welcomed the settlement and passed on her best wishes to Mr Kearns
The court heard Mr Kearns, who had been a baggage handler at Dublin Airport at the time of the accident, fractured his elbow when he came off his bike after hitting the three-foot-high barrier at around 5am on July 31st, 2016, while on his way to work.
He claims the barrier had been left at an oblique angle at the mouth of Kilbush Lane in Rush town where the Harbour Festival was on for the bank holiday weekend.
He eventually had to give up his job as a baggage handler because it was physically too difficult, counsel said. He had not gone back on the motorbike as a result of the psychological effect and physical difficulty in using the clutch on the bike.
He denied, under cross-examination, he had failed to keep a proper lookout or was travelling at speed.