Month: July 2016

Settlement of Claim for an Injury due to Being Hit by a Car Wing Mirror

The €5 million settlement of a claim for an injury due to being hit by a car wing mirror has been approved in the High Court in favour of a teenage boy.

Ryan Bastin ordinarily lives with his family in Brussels; but, in August 2008, he was enjoying a family holiday at his grandparent´s home in Mitchelstown, County Cork. On 13th August, Ryan´s father, brother and sister left the house to walk down to a neighbouring field in order to watch cows grazing. Ryan initially decided he did not want to go, but then changed his mind.

As Ryan ran out into the road to catch up with his family, he was hit on the head by the wing mirror of a passing car. Ryan was knocked to the road surface and, although able to stand up straightaway, he started vomiting. An ambulance was called and Ryan was taken to Cork University Hospital. However, during the journey to the hospital, he lost consciousness.

When Ryan arrived at the hospital he was resuscitated and diagnosed with a fractured skull. He underwent a series of operations and remained in intensive care for several months before being allowed to fly home with his family to Brussels, where he underwent rehabilitation treatment. Despite receiving comprehensive medical attention, Ryan has been left with intellectual disabilities.

Or her son´s behalf, Ryan´s mother – Sinead – made a claim for an injury due to being hit by a car wing mirror against the driver of the vehicle – Hannah Murray from Ballyporeen in County Tipperary. Murray contested the claim on the grounds that she had been driving with due care and attention and could not have avoided hitting Ryan as he ran into the road.

The case went to the High Court, where Mr Justice Kevin Cross was told that Murray only had 1.75 seconds to react from the time that Ryan had run into the road. Ryan´s barrister argued that, even with just 1.75 seconds to act, Murray had enough time to take evasive action and swerve to avoid hitting the child.

Judge Cross found in Ryan´s favour after attributing him 40% contributory negligence. As a settlement of the claim for an injury due to being hit by a car wing mirror had already been agreed in principle, the judge approved the proportional settlement of €5 million and closed the hearing – wishing Ryan and his family all the best for the future.

Settlement of Claim for Cycling Pothole Injuries Approved

The Injuries Board-assessed settlement of a claim for a cycling pothole injuries has been approved in the High Court in favour of a sixteen-year-old boy.

In July 2013, Dillon O´Reilly was giving his cousin a “backer” while cycling along the road between Killard and Blarney in County Cork, when the front wheel of his bicycle hit a pothole. Dillon – who had been riding on the pedals of his bicycle – was thrown onto the road surface and suffered a fractured wrist and injuries to his knee and shoulder.

Through his father, Dillon made a claim for cycling pothole injuries against Cork County Council. The Council consented to the Injuries Board request to assess Dillon´s injuries, before agreeing to the proposed settlement figure of €61,500. As the claim for cycling pothole injuries had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Dillon´s best interests.

Consequently an approval hearing took place before Mr Justice Kevin Cross at the High Court, who heard that – in addition to his fractured wrist, knee and shoulder injuries – Dillon also suffered several lacerations that have now left permanent scars. The judge was also told that Dillon recognises that giving his cousin a ride on the back of his bike was a dangerous thing to do.

Judge Cross commented that Dylan had not done anything that any other child of his age would have done, but said it was inevitable that – if the case had been resolved in a full hearing – the settlement of the claim for cycling pothole injuries would have been reduced by 30 to 50 percent to account for his contributory negligence.

Mr Justice Kevin Cross said that in the circumstances it was prudent to accept the Injuries Board´s assessment and the judge approved the €61,500 settlement of the claim for cycling pothole injuries -advising Dillon that his scars would likely be susceptible to sunlight and he should keep out of the sun to prevent them deteriorating.

Liability in Dunnes Back Injury Claim Determined in Court

A High Court judge has awarded a woman €64,300 compensation after determining liability in a Dunnes back injury claim for slipping on milk and falling.

Thirty-two year old Rachel Prior, from Cratloe in County Clare, made her Dunnes back injury claim after slipping on spilt milk in the Limerick branch of Dunnes Stores. Rachel – who is a professional singer – claimed to have suffered injuries to her cervical spine and lower back due to the stores negligence in failing to identify the hazard and remove it before her accident.

Dunnes Stores contested the allegations of negligence and denied its consent for the Injuries Board to conduct an assessment of Rachel´s claim. Rachel was issued with an authorisation by the Injuries Board to pursue her Dunnes back injury claim in court. The hearing to determine liability was heard earlier this week by Mr Justice Anthony Barr at the High Court.

At the hearing, Judge Barr was told that Rachel performs under the stage name of “Rachy P” and that her act involves energetic dance moves. He also heard that Rachel is in constant pain after a gig because of her injury, and that she has had to adjust her lifestyle as a result of her accident in Dunnes Stores.

It was argued by the defendant that Rachel´s performances after her accident implied her injuries were not as bad as she had alleged in her Dunnes back injury claim. Dunnes Stores also claimed that Rachel had contributed to her accident by failing to look where she was going in the Henry Street store.

Judge Barr found in Rachel´s favour after dismissing the allegations of contributory negligence. The judge commented that Rachel was a truthful witness, who had established liability and not overstated her injuries. He also dismissed the claims of contributory negligence on the grounds that it would have been difficult to see milk on a shiny floor under bright lighting.

The judge awarded Rachel €64,300 compensation in settlement of her Dunnes back injury claim, conceding to Dunnes Stores for a stay on the settlement pending an appeal, provided that the company immediately pay Rachel €30,000 of the compensation award plus €20,000 towards her legal costs.