A man has been awarded €39,000 in damages after suffering a broken wrist and ankle when a cow trailer rolled over his foot during the Lisdoonvarna Matchmaking Festival. The High Court in Limerick delivered the judgment following a lawsuit filed by Paudie Conway against Brendan O’Connell.
The Incident in Lisdoonvarna
The accident occurred in the early hours of September 8, 2019, on the Main Street of Lisdoonvarna village, Co Clare. Paudie Conway, a 58-year-old engineering contractor from Ballysimon Road, Limerick, was walking with crowds of festival-goers when the incident took place.
The court heard that Brendan O’Connell, of Askeaton, Co Limerick, was driving a Toyota Avensis towing a cow box. O’Connell overtook Conway while driving in the center of the street, abreast of a large crowd. The wheel of the trailer rolled over Conway’s right ankle, causing him to lose his balance and push his hands against the cow box to prevent a fall.
As a result of the collision, Conway suffered fractures to his right hand and right ankle. He required surgery to install a steel plate in his wrist and was off work for several weeks. He continues to experience pain and swelling.
Court Testimony and Evidence
Brendan O’Connell, a professional driver with Bus Éireann, testified that he heard a “loud bang” and felt a severe thump to the cow box before finding Conway lying on the street. He denied traveling too fast and noted that he was driving with dipped headlights.
A Garda breathalyser test confirmed O’Connell had no alcohol in his system at the time of the collision. Garda Christopher White testified that he observed O’Connell driving “extremely slowly, almost at a crawl.”
During cross-examination, it was revealed that Conway had consumed approximately seven pints of beer. He had also stumbled onto a group of people on a low wall earlier that night and had been asked to “move on” by Gardaí following a verbal argument with a car park steward.
The Final Judgment
Justice Anthony Barr found that O’Connell was negligent, ruling that driving at approximately 20km/h alongside a “lively” and potentially intoxicated crowd was “too fast” and “somewhat dangerous.”
However, the judge also found Conway to be 40 per cent responsible for his own injuries. Justice Barr valued the general damages at a full amount of €65,000 but applied a deduction for contributory negligence.
The final judgment awarded Conway €39,000. While the case is decided, similar incidents in crowded festival environments could lead to further scrutiny of traffic management in village centers during major events.
Frequently Asked Questions
What injuries did Paudie Conway sustain?
Paudie Conway suffered fractures to his right ankle and right hand, which necessitated surgery to fix a steel plate in his wrist.
Why did the judge reduce the total damages awarded?
The judge found Conway “40 per cent responsible for his own injuries,” citing contributory negligence. This resulted in a reduction from the full value of €65,000 to a final award of €39,000.
What was the driver’s defense regarding his speed?
Brendan O’Connell denied that he was traveling too fast, and Garda Christopher White provided evidence that the driver was moving “extremely slowly, almost at a crawl.”
Do you believe professional drivers should be held to a higher standard of caution when navigating crowded public events?