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.