A woman who claims her car aquaplaned on a bend on a Tipperary road and she suffered a profound brain injury when it careered out of control hitting a tree has sued South Tipperary County Council in the High Court.
Mother of three Tara Mulrooney, her counsel told the High Court, was found slumped unconscious in her car after it is claimed it went out of control and into a tree at a bend on the Clonmel to Fethard road, Tipperary 12 years ago.
A motorist who was driving in front of Ms Mulrooney in a convoy on the evening of July 13th, 2012, her former partner Mark Fahy, told the court there had been a downpour of heavy rain.
“My car swivelled a small bit. I looked in the mirror I saw Tara going off the road. Her car went sideways off the road,” he said.
He said when the car went on fire local people “were running with water “ to help gardai keep it down until the fire brigade arrived.
Mr Fahy said he remembered after the accident there was a flow of water down the edge of the road.
Opening the case, Liam Reidy SC instructed by David Burke Solicitors, said the accident occurred on a right hand bend after a rain shower.
He said it was their case that water had pooled on the road and the ponding occurred as a result of alleged lack of drainage. It is further contended that there was an alleged failure to “super elevate” the road.
Counsel said after the accident fire broke out and there was a danger of Ms Mulrooney being burned alive and gardai who came on the scene made attempts to put the fire out along with locals who provided buckets of water.
Ms Mulrooney said she suffered a severe traumatic brain injury and was in hospital for five months afterwards. Counsel said she now has persistent cognitive deficits and has a problem with balance
Ms Justice Leonie Reynolds was told that the case is a highly technical one and as many as three engineers on the Mulrooney side and two on the Council side will give evidence.
The judge will first decide on who is responsible for the accident in a case which is expected to last a number of weeks.
South Tipperary County Council has contended that the road surface at the accident location was more than satisfactory and it offered more than sufficient grip to vehicles.
It has further put forward that Ms Mulrooney was driving a car with two worn tyres on the back which it alleges contributed to the alleged aquaplaning and the accident.
Mr Reidy told the court there was a “flat refusal by the other side ” to go to mediation in the case.
Tara Mulrooney (45) who now lives in Waterford city has sued South Tipperary County Council over the accident on the Clonmel to Fethard road on July 13th, 2012.
She claims the Council failed to lay rough chip asphalt on the section of road where the accident occurred .
It was further claimed that the location of the accident did not provide sufficient drainage and there was an alleged failure to comply with the Council’s obligations under the Road Acts.
All of the claims are denied and the Council has put forward that the woman allegedly failed to slow down or moderate her speed given the prevailing weather conditions. It further contends and she was driving an allegedly dangerously defective vehicle with allegedly completely bald and under inflated tyres.
The case before Ms Justice Reynolds continues.
