Posted: September 19th, 2020
A rugby fan that was struck by a descending level crossing barrier as he was on his way to a match at the Aviva Stadium has been awarded €6,000 personal injury compensation at Dublin Circuit Court. The incident occurred on October 6 2018 as Dublin Fire Brigade paramedic Rod Hayden was on his way to watch the Leinster v Munster match. As he was standing waiting for the the automated barrier gates of the Dart crossing at Serpentine Avenue, Ballsbridge, Dublin 4, to rise and open, with a crowd of supporters the barrier raised and he walked through to cross the tracks. However, as he walked forward he was suddenly hit on his head. As a result of this he dropped to the ground and rolled around in some pain. He informed the court that he had been quite dizzy after being struck on the head but was conscious of the fact that there were some of the other supporters standing on the tracks between the shut barriers. he also noticed an individual in a high-vis jacket near the level crossing. That was all that he could remember from the event in question and not specific interactions or talking could come to his mind. following the occasion. Have attending his family doctor to have his constant headaches treated, Mr Hayden was diagnosed with a whiplash injury. He was prescribed with a course of pain killing tablets. By January 2019, after two subsequent appointments with his family doctor, it was noted that Mr Hayden’s symptoms had abated. Representing Iarnród Éireann, Brendan Savage asked Mr Hayden if he had any recollection of the warning buzzer or lights that were sounding and flashing as he was proceeding across the tracks as the barriers rose. Mr Hayden replied that he had not. CCTC footage of the accident was shown and expert engineer Neil O’Carroll provided a report that detailed how the accident unfolded. he said that just a six-second duration of time from the first barrier rising and the second barrier dropping back down. He added that the crowd of supporters was actually moving slower than this. However, he reported that the warning sound may have been insufficient to act as a detteren at the time as there was a larger crowd present due to the impending match. Judge Deirdre Gearty ruled that Iarnród Éireann had been negligent in relation to its duty of care and was to blame for Mr Hayden’s suffering. She awarded Mr hayden €6,000 plus legal costs, medical and witness expenses.Categories: Personal Injury, Personal Injury News
