Judge David Riordan dismissed the case taken by Brian O’Callaghan, aged 60, of 5 College View, Western Rd, Cork, who brought the civil case at Cork Circuit Court yesterday.

“He was seeking to return home to the Mardyke. The cycle lane was clearly marked ‘no entry’ (it was one way from West into town for cyclists and the plaintiff was travelling the other direction). In all the circumstances Mr O’Callaghan came off his bike and he did have a good thump when he came off the bike.

“The question is, can that be visited the shoulders of Clare Whelan? He must prove there was negligence on the part of Ms Walsh.

“He cannot succeed. I view him as a decent person all other matters considered,” Judge Riordan said.

Joanne Carroll, counsel for Ms Walsh, applied for costs to be awarded in favour of the defendant.

Colmán Ó Donnchadha, for the plaintiff, asked the judge to make no order for costs in view of submissions and evidence in relation to road markings which he said created a unique situation. The judge said an award of costs in favour of the defendant had to follow the judgment.

Judge Riordan said that applying his own knowledge of the area, a cyclist wishing to travel west from Cork City should go out on the nearby designated cycle lane on the Western Rd, and not the wrong way out the Sheare’s St in-bound lane.

Mr O’Callaghan testified that as he cycled along the cycle lane on July 12, 2014, he noticed Ms Carroll emerging from Coach St and he said that he noticed her looking to her right for the possibility of vehicular traffic but not to her left for pedestrians.

He cycled on the cycle lane and was struck by her car as it emerged onto Sheare St from Coach Lane. The car struck his front wheel, throwing him to the ground and damaging his bicycle.

Ms Whelan, post mistress at North Main St, said it was a beautiful day.

“I looked left to see there were no pedestrians, I looked right to see there was no traffic, and the next thing he bumped into the front of my vehicle. He fell off the bicycle softly on to the ground.”