A settlement of compensation for catastrophic injuries in favour of a teenager who was hit by a bus has been approved after a hearing at the High Court.
Carlos Tesch (18) was walking with friends along Herbert Road in Bray, County Wicklow, on 4th February 2009, when he ran across the street in order to avoid a group of local youths who had previously verbally threatened the young Spaniard – who was twelve years of age at the time – and his friends.
As he ran across the street, Carlos was hit by a bus coming from behind him, and he sustained serious head injuries – including a fracture to the base of his skull – which has left Carlos unable to speak or walk more than a few paces unaided, and reliant on the permanent care of his parents – Hans and Mar Tesch.
Through his father, Carlos claimed compensation for the catastrophic injuries he sustained in the bus accident against Dublin bus – the operators of the bus that hit him. Dublin Bus denied their liability for Carlos´ injuries, stating that the driver could not have foreseen the teenager running out into the street.
However, a High Court ruling last year found Dublin Bus 70% responsible; for although the bus had been travelling at 40Km/h in a 50 Km/h zone, the driver had been distracted by chatting to a passenger shortly before the accident occurred.
The High Court´s decision was appealed to the Supreme Court, but the Supreme Court upheld the original verdict and the case was returned to the High Court for the assessment of damages.
At the High Court, Ms Justice Mary Irvine heard the circumstances of Carlos´ accident and that a €9 million settlement of compensation for his catastrophic injuries had been agreed.
The judge was also told that Hans Tesch now cared for his son full-time – after having given up his managerial job – and had twice taken him to China for stem cell treatment.
Carlos currently attends the Spanish Institute during school hours and – approving the settlement of compensation for catastrophic injuries – Ms Justice Mary Irvine said she was fully aware of what parents had to give up for their children in cases of catastrophic injuries.