A High Court judge has ruled that a farmer has established negligence against the Electricity Supply Board over serious leg and other injuries suffered after his van was hit by an ESB pick-up truck.
The amount of damages will be decided later.
Mr Justice John Quirke yesterday accepted the account of 64-year-old Patrick Campbell from Dungloe, of how the incident occurred in June 2005, including his claim the ESB truck was driven at an excessive speed.
Mr Campbell was a careful and conscientious witness and much, although not all, of his evidence was corroborated by circumstantial and other evidence, the judge said.
Mr Campbell had proven, on the evidence and balance of probabilities, that the collision and his injuries were caused by the ESB’s negligence, he found.
The ESB had denied Mr Campbell’s claims and alleged the incident was caused or contributed to by Mr Campbell’s alleged negligent driving.