A cyclist who claimed he sustained a brain injury when thrown from his bike after allegedly hitting a pothole has settled his High Court action against Galway County Council on undisclosed terms.
Nathan King, a 16-year-old Leaving Cert student at the time of the accident in 2012, told the court he was cycling home from hurling training on the outskirts of Galway city when he hit "something". The next thing he remembered was waking up in hospital. He agreed he was not wearing a cycling helmet and had no light on his bike.
Mr King, now 21, of Baile an Choiste, Castlegar, Galway sued the council over the accident which happened on the Parkmore Hill heading towards the Tuam-Galway road at around 9.30pm on March 20th 2012.
Fractured thumb
Mr King claims he was propelled over the handlebars and his head hit the ground after his racer allegedly hit a recessed manhole. He suffered a brain haemorrhage, was in a coma afterwards and spent several weeks in hospital. He also fractured his thumb.
He alleged there was a failure to have preventative measures in place to stop people hitting the uncovered surface and failure to warn him or cordon off an area with an alleged dangerous pothole or broken surface.
The council denied the claims and pleaded Mr King was cycling downhill at excessive speed, failed to see where he was cycling, did not wear a helmet and allegedly cycled with his hurley across the handlebars.
Garda Sheena Gill, who attended the scene of the accident, told the court that, at a distance from the bicycle and Mr King, was a manhole cover with potholes to the side of it. She later heard the council fixed the pothole the next day, she added.
On the third day of the case on Tuesday, Mr Justice Anthony Barr was told it had settled and could be struck out.