A man who was run over by a car on the way to the pub for a quiet drink has been awarded €177,630 compensation for a broken leg in a pedestrian accident by a judge in Limerick.
Lightning struck twice for Edmund Quinlan (72) of Garryspillane in County Limerick when, on 5th March 2010, he was run down by a car while walking from his home to the local pub for a quiet drink with his friends and a game of cards.
In 2004 Edmund had been the victim of a similar accident on the same stretch of road and, for the second time in six years, his right leg suffered extensive fractures. Edmund spent several months in hospital recovering from his injuries, during which time he spent ten weeks with his leg placed in balanced suspension.
When he was released from hospital, Edmund sought legal advice and claimed compensation for a broken leg in a pedestrian accident from the negligent driver. Full liability for Edmund´s injuries was disputed by the driver, who acknowledged that he had failed to see the former council worker due to the setting sun, but who claimed that Edmund was swaying across the road as if he had been drinking.
As there was a doubt about Edmund´s contributory negligence, the Injuries Board declined to assess Edmund´s application for compensation for a broken leg in a pedestrian accident, and instead issued an authorisation for his claim to be heard in court.
However, the day prior to the scheduled hearing at the High Court in Limerick, the allegations that Edmund had been drinking were withdrawn, and the case went before Mr Justice Paul McDermott for the assessment of damages only.
At the hearing, evidence was presented by Edmund´s surgeon – Dr Thomas Burke – who said that his patient had made a near-miraculous recovery from his leg injuries, but due to Edmund´s increasing frailty he was now living in a nursing home.
Judge McDermott commented that Dr Burke should be proud of what he has achieved in his treatment of Edmund, and awarded Edmund €177,630 compensation for a broken leg in a car accident – which included €115,000 general damages for Edmund´s injury and suffering, and €62,630 special damages to pay for his ongoing medical and nursing home costs.