'They should have let me die' - Brain damaged Cork woman sues after iron bars protruding from trailer hit her

A 59-year-old mother of three who suffered catastrophic injuries when she was struck by iron bars protruding from a passing trailer while out for a morning walk has sued in the High Court.

'They should have let me die' - Brain damaged Cork woman sues after iron bars protruding from trailer hit her

By Ann O'Loughlin

A 59-year-old mother of three who suffered catastrophic injuries when she was struck by iron bars protruding from a passing trailer while out for a morning walk has sued in the High Court.

Frances O'Driscoll, her counsel Dr John O’Mahony SC told the High Court, has been left with irreversible brain damage.

“It is a sad and very serious case,” he said and the woman had gone from an active energetic lady to somebody who will never work again.

He told Mr Justice Michael Hanna, Mrs O’Driscoll was walking along the Causeway, Rosscarbery, West Cork, when metal bars on a passing trailer became loose and hit her on the legs knocking her on her face to the ground.

Frances O'Driscoll (aged 59) with an address at Burgatia, Rosscarbery, Co Cork, has sued Michael Herlihy of Rosscarbery, Co Cork, who was the driver of the jeep and trailer and Claramore Construction Ltd, Claramore, Millstreet, Co Cork, Mr Herlihy's employers who owned the jeep and trailer.

She has also sued the Motor Insurers Bureau of Ireland as Mr Herlihy did not have a valid insurance policy at the time of the accident in 2016.

It is claimed there was a failure to secure the iron bars adequately or at all and the bars were negligently, improperly and carelessly transported.

Mr Justice Michael Hanna was told that liability was admitted in the case and it was before the court for assessment of damages only.

Last year a jury at Cork Circuit Criminal Court found Mr Herlihy not guilty on the charge of dangerous driving causing serious bodily harm to Frances O’Driscoll on April 16, 2016, at Causeway, Rosscarbery. He was found guilty of failing to take adequate precaution to prevent a load from falling from a vehicle. A judge fined him €500 for the load offence.

Opening the action before the High Court, Dr John O'Mahony SC said Mrs O'Driscoll was on her morning walk on the Causeway at Roscarberry on April 16, 2016, when a jeep pulling a trailer came by.

Counsel said there were 12 iron bars, 20 feet long in the trailer and they were protruding about four feet from the back of the trailer.

Counsel said the irons bars became loose and protruded from the side of the trailer. Mrs O'Driscoll was struck in the lower limbs and fell face down on the pathway.

Counsel said she suffered appalling injuries and is left with permanent sequela from which she will never recover.

She suffered multiple fractures to her legs, the face and has lost complete vision in her left eye and was in hospital for five months afterwards.

Counsel said Mrs O'Driscoll had enjoyed life with great gusto and was an active woman who loved swimming and walking.

Her life pattern, Counsel said, has been catastrophically and negatively impacted.

“She had no escape. She was the innocent victim of this tragic accident," Dr John O’Mahony said.

Garda Joan O’Sullivan of Clonakilty Garda station told the court when she arrived on the scene paramedics were treating Mrs O'Driscoll and there was a lot of blood.

She said the driver Michael Herlihy told her he had got the steel bars and was bringing them home where he was laying a foundation for a wall.

She said there were 12 steel bars and one ratchet strap securing them. The Garda said there were a number of other ratchet straps which could have been used.

She said she thought the strapping was not adequate and "was dangerous", especially when there were more which could be used, she added.

In evidence, Mrs O'Driscoll said she did not remember the accident.

"I am not the same Frances. They say I was nearly left for dead they should have let me die. I wouldn’t have to cope." she told the court.

She broke down in tears in the witness box.

"I don’t remember the accident. I was going back from my morning walk and it happened to me, unfortunately.

The first thing I remember is being in hospital and they were putting needles in me."

She added:"I just can’t cope with it. It is enough coming to Dublin to doctors, but having to come to court with this."

She said if she does anything at home, she gets extremely tired.

She said: "I have to lie down and take it easy."

She finds it hard at times to talk and she also loses concentration.

She said her daughter got married in June 2016 but she was still in hospital and was able to attend only in a wheelchair.

"It was all so upsetting I could not enjoy it. The nurses had to come with me," she said.

She said she used to love her job as a pharmacy assistant for the last 41 years and she loved to walk, swim and dance.

“I miss it all, I miss it terribly,’ she said.

She added: “I am missing so much in my personal life, walking, dancing and swimming. I loved it.”

The case before Mr Justice Michael Hanna continues tomorrow.

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