A woman who claims her car aquaplaned on a bend in a Tipperary road and suffered a deep brain injury when it went out of control and hit a tree has sued South Tipperary County Council in the High Court.

Mother-of-three Tara Mulrooney, her lawyer told the High Court, was found crashed in her car after it allegedly went out of control and into a tree at a bend on the Clonmel to Fethard, Tipperary road , 12 years ago.

A driver driving ahead of Ms Mulrooney in a convoy on the evening of July 13, 2012, her ex-partner Mark Fahy, told the court it was heavy rain.

“My car spun a little bit. I looked in the mirror, saw Tara pull off the road. Her car went sideways off the road,” he said.

He said when the car caught fire, people in the area were “running with water” to help gardai keep it down until firefighters arrived.

Mr Fahy said he remembered there being a flow of water on the side of the road after the accident.

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

He said it was their case that the water pooled on the road and the puddle occurred as a result of the alleged lack of drainage. In addition, it is claimed that there was an alleged failure to “super-raise” the road.

The lawyer said a fire broke out after the accident and there was a danger Ms Mulrooney would be burnt alive and police who attended the scene tried to put out the fire with local residents providing buckets of water.

Ms Mulrooney said she suffered a severe traumatic brain injury and was hospitalized for five months afterwards. The counselor said he now has persistent cognitive deficits and has a problem with balance

Madam Justice Leonie Reynolds was told the case was highly technical and three engineers from Mulrooney’s side and two from the Council would be giving evidence.

The judge will first decide who is responsible for the accident in a case expected to last several weeks.

South Tipperary County Council maintained that the road surface at the scene of the accident was more than satisfactory and provided the vehicles with more than enough grip.

He also claimed Ms Mulrooney was driving a car with two flat tires on the back, which he claims contributed to the alleged aquaplaning and crash.

Mr Reidy told the court there had been an “absolute refusal from the other side” to go to mediation in the case.

Tara Mulrooney (45), who now lives in Waterford city, is suing South Tipperary County Council over the accident on the Clonmel to Fethard road on July 13, 2012.

Ireland

Woman (49) admits killing man (36) in Dublin after…

She claims the Council did not lay hard asphalt on the stretch of road where the accident occurred.

It was also alleged that the site of the accident did not provide sufficient drainage and that there was an alleged breach of the Council’s obligations under the Roads Acts.

All claims are denied and the Council argued that the woman failed to slow down or moderate her speed given the prevailing weather conditions. It also alleges that she was driving an allegedly dangerously defective vehicle with tires that were allegedly completely flat and under-inflated.

The case before Ms Justice Reynolds continues.