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Woman settles case claiming insufficient road drainage led to aquaplaning and deep brain damage – The Irish Times
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Woman settles case claiming insufficient road drainage led to aquaplaning and deep brain damage – The Irish Times

A woman who claimed her car aquaplaned on a bend on a Tipperary road and suffered a deep brain injury as a result has settled her High Court action, claiming there was insufficient drainage on the road .

On Thursday, in the third day of the hearing, Mrs Justice Leonie Reynolds was told that Tara Mulrooney’s claim against South Tipperary County Council had been settled. The now defunct council entity was subsumed into Tipperary County Council.

Mrs Justice Reynolds commended the officers who attended the crash for their bravery in stopping the fire which started after Mrs Mulrooney’s car hit a tree. Ms Mulrooney would not be alive but for the actions of the police, the judge said.

The High Court previously heard that Ms Mulrooney was found collapsed unconscious in her car after it is alleged to have gone out of control and hit a tree on a bend on the Clonmel to Fethard road 12 years ago.

Opening the case on Tuesday, Liam Reidy SC, instructed by David Burke Solicitors, said the incident happened on a right-hand bend after a downpour.

He said it was their case that the water pooled on the road and that the puddle occurred as a result of the alleged lack of drainage. It was further argued that there was a failure to “over-raise” the road.

The lawyer said a fire broke out after the accident and there was a danger Ms Mulrooney would be burnt alive. He said the police who came to the spot tried to douse the fire along with locals who provided buckets of water.

Ms. Mulrooney suffered a severe brain injury and was hospitalized for five months, Reidy said. He now has persistent cognitive deficits and has a problem with balance, he said.

South Tipperary County Council claimed that the road surface at the location in question was more than satisfactory and provided vehicles with more than enough grip.

He also claimed Ms Mulrooney was driving a dangerously defective vehicle with completely flat and under-inflated tyres.