Alleged accident on public road was cyclists’s own fault

Personal injuries – plaintiff claims that he fell off his bicycle on a public road – claimed that accident was the result of the negligent repair by the county council of a hole in the road – very sizeable hole in the middle of the road - sustained concussion - three weeks prior to the alleged accident in this case, the plaintiff suffered concussion and head injuries as a result of a fall down steps which he claimed was also the responsibility of the county council – withdrew his claim in relation to that incident – Court held that it would be impossible for anyone cycling down this road not to see a hole of this size - hole is so obvious that a cyclist would have to be consciously looking the other direction to miss the hole - entirely his responsibility – not a credible witness – alleged scars not visible – alleged that he had to stop playing sport but within a week or so of the alleged accident and for several months afterwards he was playing for his local soccer team – criminal history - failed to discharge the onus of proving on the balance of probabilities that the accident occurred as alleged – assessment of damages – jurisdiction of High Court – claim dismissed.