Woman who claimed her car aquaplaned on Tipperary road settles case

Ann O'Loughlin

A woman who claimed 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 settled her High Court action against the local county council.

On the third day of the hearing on Thursday, Ms Justice Leonie Reynolds was told that the case brought by mother of three Tara Mulrooney against South Tipperary County Council had been resolved.

Ms Justice Reynolds congratulated the parties on reaching a settlement. She added that the gardaí who came upon the crash on the Clonmel to Fethard road were to be commended for their bravery in containing a fire which had started after Ms Mulrooney’s car hit a tree.

The judge said but for the bravery of the gardaí, Ms Mulrooney would not be with us.

Ms Mulrooney, the High Court heard, was found slumped unconscious in her car after it is claimed it went out of control and went into a tree at a bend on the Clonmel to Fethard road, Tipperary twelve years ago.

During the hearing, 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 gardaí 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 was 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, who now lives in Waterford city, was said to have 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.

South Tipperary County Council contended that the road surface at the accident location was more than satisfactory, and it offered more than sufficient grip to vehicles.

It further put forward that Ms Mulrooney was driving a car with two worn tyres on the back which it alleged contributed to the alleged aquaplaning and the accident.