A delivery man injured his knee after stepping into a pothole while making a delivery. The pothole, about eight inches deep and two feet wide, was located on the road near a customer’s house. The man experienced immediate knee pain, which worsened over time, leading to an MRI scan revealing a significant injury.
Medical evidence showed post-exertion pain and a tear in the lateral meniscus of the knee. Initial treatment recommendations were later changed to suggest arthroscopic surgery. An engineer testified that previous repairs to the pothole were inadequate. The court found the County Council responsible for the poorly repaired pothole and ruled they were negligent.
The court awarded the plaintiff €45,000 for pain and suffering, €15,000 for future pain, €5,000 for surgery costs, and €4,000 for lost wages, totalling €69,000.
Hickey v. Tipperary County Council [2023] IEHC 362.