A man left with severe brain damage following a car crash has had a €6.5 million quadriplegic injuries from a car accident approved in the High Court.
Alan Kavanagh, aged 41, from County Wexford, suffered his injuries when he and his daughter were involved in a head-on road traffic accident with a van driven by Liam Toohey from County Tipperary in November 2004.
Mr Kavanagh sustained multiple fractures and brain damage which left him in a quadriplegic condition. He is completely dependent on others for nursing care and assistance, is not able to feed himself and is restricted to a wheelchair. Fortunately, the sole injury sustained by Alan’s daughter in the car crash accident was a broken finger.
At the hearing in the High Court in Dublin, Ms Justice Mary Irvine was advised that Alan had made a compensation claim for quadriplegic injuries through his brother against Mr Toohey and the owner of the van involved in the accident – John Heffernan, a haulage contractor, also of Nenagh, County Tipperary. Liability for Alan´s injuries had been admitted and the case was before the judge for final assessment of damages only.
Ms Justice Mary Irvine was informed that Mr Kavanagh is currently living in a nursing home for senior citizens which is not adequate for his needs; however a compensation settlement of €6.5 million had been mooted which would provide financial security for the rest of Alan’s life and allow him to have the level of assistance he required.
After hearing testimony from Alan’s partner and mother of his daughter – Loretto Power – that the family was content with the quadriplegic injuries from a car accident settlement, Ms Justice Mary Irvine gave the package her approval – saying that it was an good settlement which gave Alan the best opportunity of meeting his future needs.