Judge Dismisses Personal Injury Claim Following Attack Of ‘Mad Cow’ At Mart


By Gordon Deegan

A judge dismissed a € 60,000 personal injury claim brought by a 79-year-old farmer who “suffered horrific injuries” when he was attacked and knocked out by a “mad cow” in a market four years ago years.

At Ennis Circuit Court, farmer Noel Broggy of Meelick, Co. Clare, told the court he was flattened and knocked out when he was attacked by a ‘mad cow’ at Sixmilebridge Mart, in County Clare on May 6, 2017.

Broggy was attacked while retrieving an unsold cow and calf from a market pen where there were also five or six other cattle.

Judicial evidence of the “mad cow” attack

A farmer since the age of 14, Broggy said he was “lying in a pool of blood” on the ground after suffering a head injury that required 13 stitches after the cow attack .

Testifying in his action for damages against Sixmilebridge Co-Operative Mart Ltd., Noel Broggy told the court: “That cow went to get me. I didn’t know she was a mad cow, I didn’t know anything about the cow.

“She hit me in the stomach. I lost consciousness, ”he added.

“I had a good clicking sound on the ground. I was lucky that she flattened me where I was – that’s what saved me.

Noel Broggy added: “If she had taken me to bars, my neck and back could have been broken.”

Noel Broggy’s son Donal Thomas immediately came to his father’s aid and told the court he ran to the cow and hit her head with his hip.

He told the court he ran against the 700 kg animal after seeing it “head butt my dad”.

He added: “I thought he was dead. His hands were still in the air. There was no breathing.

Donal Thomas Broggy told the court that the cow that attacked his father then left the pen with the other animals through an open door.

The man’s son told the court that he grabbed his father and held him in his arms and told him “he would be fine and he would be great”.

Impact of the “mad cow” attack

The witness said his father returned after being put on a chair and an ambulance took him to Limerick Teaching Hospital, where he stayed for one night and two days.

At 80 years old next month, Noel Broggy said that with the vertigo from the attack, he was unable to tie his shoe laces or wash his hair.

He said he had been dizzy for three and a half years after the attack.

Broggy’s claim also indicated that as a result of the attack, he was not able to jump or dance.

The owner of 60 suckler cattle told the court: “Only for my son, I should sell the cattle to be honest with you.

Claim for bodily injury

Noel Broggy’s personal injury claim against the trading company was based on her claim that there was a restless cow in an isolation pen, and she was allowed to pass through the market with the other animals in the pen. where he was attacked.

Noel Broggy (represented by attorney David O’Regan and commissioned by Sharon Curley of Carmody and Co. Solicitors) told the court that the refractory cow “was in the isolation pen and they (the market) should have had it. return to the isolation pen. and not to mix it with my cow and my calf ”.

Then manager of the Sixmilebridge Mart, Sean Ryan denied this, telling the court that there was no fractured cow in an isolation pen, and if a cow is identified as fractured, the farmer is asked to bring it back. at home even before entering the market.

Ryan said the only animals placed in an isolation pen are those that do not comply with Department of Agriculture regulations.

Court decision

Judge Brian O’Callaghan dismissed Broggy’s case, saying there was a lack of evidence linking what could have been a cranky cow to the cow that attacked Broggy.

The judge said no direct evidence had been provided regarding the identity of the cow that attacked Broggy.

He said: “No one said the cranky cow is the same animal that attacked Mr. Broggy.”

Justice O’Callaghan admitted that Noel Broggy suffered “horrific injuries” and “gave the most honest and clear evidence.”

He added that the market cannot be held responsible for “the strange beast” that surprises everyone with a bad turn, unless there is a breach of duty by the market.

The judge said there was no dereliction of duty by the mart because there is no evidence that the system was bad in controlling access to animals.

Justice O’Callaghan said that although he spoke out against the market for allowing Noel Broggy to enter the pen, he found Broggy at least 75% responsible and dismissed the action on it. point.

Sixmilebridge Market

Sean Ryan told the court that the Sixmilebridge Mart was very successful.

Recently retired after 10 years in the role, Ryan told Justice O’Callaghan: “We are responsible in the market and we run a responsible market. We have a very good safety record at Sixmilebridge Mart.

Ryan also said no pool of blood was found in the pen after the May 2017 incident.

Justice O’Callaghan made no order regarding the costs of the case, meaning Noel Broggy does not have to pay the market court costs after losing the action.

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