A man who suffered life changing injuries after he fell off his electric bike as he travelled on a cycle lane is suing Dublin City Council.
he action is believed to be one of the first personal injuries claims before the High Court in relation to alleged injuries as a result of an accident involving an electric bike.
The court was this week told that the claim is “very substantial” and special damages including future care costs and loss of earnings runs to millions of euros. All the claims are denied and full defences have been filed in the action.
A judge has already ruled that the man who suffered a catastrophic brain injury cannot be identified.
The man who was wearing a helmet at the time of the accident in a city centre cycle lane three years ago has claimed he sustained catastrophic injuries and his head allegedly struck a series of granite separators or bollards.
He has sued the council and the designers of the cycle lane in Dublin city centre, AECOM Ireland Ltd with registered offices at Lower Hatch Street, Dublin over the accident.
AECOM has joined construction company Clonmel Enterprises Ltd of Naas, Co Kildare, which carried out work on the cycle lane, as a third party to the proceedings.
The case is listed to go ahead in May.
It is claimed that the man sustained personal injuries as a result of the negligence and breach of duty on the part of the defendants, their respective servants and agents in or about the maintenance, design, upkeep and condition of the cycle track.
It is claimed that in January 2020 the man was cycling on his electric bicycle when he was allegedly caused to fall due to the design and layout of the cycle track and a pedestrian plaza at the location.
It is further claimed there was a failure to give any sufficient consideration to the difficulties that were allegedly likely to arise from the intermingling of pedestrians and cyclists at the location.
An uneven raised kerb of between 60 to 70mm was allegedly permitted to be present at the location when it was known or ought to have known that a kerb of that height allegedly presented a hazard and a danger to cyclists using the cycle track.
It is also contended that there was a failure to provide a soft kerb of up to 50mm which would have enabled cyclists to traverse it or a standard kerb of between 100 to 150mm which it is claimed would have alerted cyclists to the potential danger of seeking to traverse the kerb.
It is further claimed there was a failure to take any or any adequate measures to prevent or discourage cyclists from veering off the cycle track and into the alleged hidden danger that the kerb presented.
As a result of his injuries, it is claimed the man is unable to live independently, work or engage in his previous family and social activities.
All the claims are denied.
In the High Court this week, Mr Justice Michael Hanna granted discovery of documents to Clonmel Enterprises Ltd against AECOM Ireland Ltd including for a period in 2020 after the accident.
Elaine Morgan SC, for Clonmel, argued that her client did exactly as required by AECOM. It was their case she said they were contracted by the council but supervised in the works by AECOM.
Joe Jeffers SC, for AECOM, said his client had already made extensive discovery of up to 8,000 documents in the case.
He said the case was in relation to the height of the kerb and it was their case that they had provided a detailed design on the matter.
