Cyclist to be awarded £75,000 in damages after being knocked off bike at Co Antrim roadworks
Mr Justice Rooney held that John Caulfield was knocked off his bike by a set of steps carried by a labourer.
Mr Caulfied, 54, sustained a fractured elbow in the accident near Galgorm in May 2021.
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Hide AdHe sued JMG Plant (Belfast) Ltd, the company involved in digging a trench for a sewer pipe at the scene on the Cardonaghy Road.
In a disputed claim for compensation, the firm denied having any ladders on the site.
The court heard Mr Caulfield was cycling home when he approached the operation and crossed to the other side of the road while temporary traffic lights were at green.
He said that a man in a hi-vis coat emerged from the cordoned area carrying a ladder which struck him on the shoulder.
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Hide AdMr Caulfield fell heavily onto the road and had to be driven home in serious pain by one of the other workmen. The father-of-two was taken to hospital later that day, where surgery was required to insert a plate and screws in his elbow joint. Further injuries included significant and permanent scarring to his arm.
Damages were sought against the company for alleged negligence and breach of statutory duty.
Despite accepting Mr Caulfield fell off his bicycle close to the work site, the defendant denied his account of how the injuries were sustained.
The firm maintained its staff had remained inside the safety barriers and that no-one hit the cyclist with a ladder.
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Hide AdWith the value of the claim already agreed, Mr Justice Rooney had to determine the issue of liability.
He held that the plaintiff had been an honest witness, and rejected the counter claims that there were no set of steps on the site.
The judge confirmed: “I am satisfied on the balance of probabilities that, during the course of his employment, an employee of the defendant negligently held, controlled and manoeuvred a ladder which struck the plaintiff on the left shoulder causing him to fall off his bike and to sustain significant injuries.”
The defendant remains vicariously liable in negligence for the said injuries to the plaintiff.
“Quantum has been agreed in the sum of £75,000. Accordingly, I make an award of £75,000 plus interest.”