Injury Compensation News

Four children, who were passengers in a car accident when the vehicle driven by their mother was in collision with a Garda patrol car, have been awarded a total of 26,000 Euros in personal injury damages.

Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10), were travelling with their mother – Lorraine McEvoy of Crumlin, Dublin – when the accident occurred on the Tallaght bypass in November 2005.

Circuit Civil Court President, Mr Justice Matthew Deery, heard that the Garda patrol car that struck the McEvoy car was being driven “at some degree of urgency”, but without its siren or warning lights on.  Lorraine McEvoy and her four children all sustained soft tissue injuries as a result of the impact.

Mr Justice Matthew Deery also heard that the State had accepted liability for the accident only after a lengthy dispute was settled in the High Court and he was asked to approve agreed settlements of 6,000 Euros for Megan and Lauren, 6,500 Euros for Dean and 7,500 Euros for Cody who had been the worse injured of the child passengers in car accident.

A young boy, who was knocked down by a van as he played near his home, has had a car accident injury claim settlement of 17,500 Euros approved in the Circuit Civil Court.

Warren Lavelle (6) of Tallaght, Dublin, was hit by the van on July 13 2008, when he was only three years of age. He suffered head injuries as a result of the accident and has been left with a permanent scar on his head.

The driver of the van – John Connors, also of Tallaght, Dublin – admitted liability for the accident and, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane heard that the case was before her to approve the agreed settlement.

After noting that the scar was still visible, Judge Linnane approved the car accident injury claim settlement of 17,500 Euros.

A twenty six year old woman, who was left irreparably brain damaged after her car was involved in a collision with a truck, has had a 7 million Euro compensation package approved in the High Court.

Valerie Bourke of Carrick-on-Suir, County Tipperary, had just turned 21 in May 2006, when the red Nissan Micra she was driving on the road between Carrick-on-Suir and Waterford was struck by a truck driven by Patrick Holden of Carigee, County Waterford.

Valerie was taken to the Waterford Regional Hospital suffering from catastrophic brain damage. She remained there until the following April, during which time she was unable to communicate, required twenty four hour care and was fed via a tube.

Valerie was then transferred to the National Rehabilitation Centre in Dun Laoghaire and six months later moved to a neuro-rehabilitation centre in England for further assessment of her needs. It was not until December 2008 – two and a half years after the accident – that she was able to return home.

Valerie´s parents built a special extension to their family home in order to accommodate her special needs but, although Valerie made a little progress with her mobility and cognitive functions, Mr Justice Iarfhlaith O’Neill at the High Court heard that prospects for Valerie´s future remained limited.

In an action against Patrick Holden and the owner of the truck – Stefan Gilchrist of Piltown, County Kilkenny – it was alleged that their negligent actions were responsible for Valerie´s injuries. Liability was admitted and the case was before Mr Justice Iarfhlaith O’Neill for assessment of damages only.

Announcing the settlement package of just over 7 million Euros, Mr Justice Iarfhlaith O’Neill said that 4 million Euros was to be put aside for Valerie´s future care and that an application was to be made to have Valerie made a ward of court.

A GP, who sustained serious neck and back injuries after his car was in collision with a stray horse, has been awarded 668,352 Euros in personal injury compensation.

Thomas Breslin (46) from Ballyedmond, County Wexford, was driving along the road outside his home town when the accident happened in January 2007. The horse, which had escaped from a nearby field, collided with his car with such impact that the animal landed on the roof of Dr Breslin´s car – trapping him inside for more than two hours until he was released by emergency services.

Mr Justice Eamon de Valera at the High Court heard that as a result of the accident Dr Breslin had to undergo surgery on his back and have a plate inserted in his neck. He also suffered pschologically as a result of the accident and was diagnosed with post traumatic stress disorder. The court also heard that Dr. Breslin will only be able to work part-time due to his injuries and may even have to retire from his practise.

The negligent party in the action was named as Richard Johnston of Gorey, County Wexford, who admitted liability for not securing the horse´s paddock and the case was before Mr Justice Eamon de Valera for assessment of damages only.

Announcing the award of 668,352 Euros, the judge said that it was clear that Dr Breslin would continue to suffer physically and mentally as a result of the incident.

A man who was trapped in the wreck of his car after a violent motorway collision has been awarded 91,000 Euros for the pain and suffering and post traumatic stress he suffered.
Mr James Killeen (55) of Artane, County Dublin, was sat in stationary traffic on the approach to the M50 near Dublin, when his jeep was struck from behind at speed by a car driven by Mr Hongbo Guo of Castleknock, County Dublin, in November 2007.
Mr Justice John Quirke at the High Court heard how Mr Killeen and his son, Jack, were trapped in the damaged jeep for 90 minutes while firemen attempted to cut them free. During this time, the court heard, Mr Killeen became hysterical due to the presence of petrol fumes and his fear for his son´s safety.
Once cut free from the vehicle, Mr Killeen was transported to hospital in an ambulance which had to stop on four occasions to allow Mr Killeen to vomit – such was his distress at the incident. On admission to Blanchardstown Hospital, Mr Killeen was found to have sustained a soft tissue injury in his lower back, which left him with daily pain, discomfort and lack of movement
Mr Killeen´s physical condition was complicated by the fact that he had been involved in seven previous road traffic accidents between 1986 and 2009, in the course of which he had suffered multiple injuries including a fractured hip. The psychological trauma of the accident in 2007had resulted in an emergency admission to St Ita´s Hospital in 2008 as the result of attempted self harm.
The court heard from a consultant psychiatrist that Mr Killeen had suffered from severe depression and anxiety arising from the accident and had needed intensive psychiatric treatment to overcome Post Traumatic Stress Disorder in the aftermath of the road traffic accident.
Mr Justice John Quirke stated that Mr Guo had accepted liability for Mr Killeen´s injuries and that the case was before him for assessment of damages only. In making the award of 91,000 Euros, the judge commented that the whole incident had been horrific for Mr Killeen, and had resulted in significant consequences for him.

The family of a mother and child, who were both tragically killed in a road traffic accident which occurred in 2006, have been awarded more than 100,000 Euros in a joint compensation agreement. Both Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2), were killed when a car driven by Yvonne’s partner John Maloney (33) was struck by another car as it exited the crossroads junction at Lodge Cross, County Galway on July 9 2006. Mr Maloney also died in the accident.
In an action brought by Yvonne´s widowed mother, Mary (56) of Loughrea, County Galway, it was alleged that Galway County Council had failed to maintain clear vision at the junction by not cutting down, pruning or trimming the trees and hedges on the side of the road. It was also claimed that they had failed to erect yield or stop signs.
Mrs Mahoney also sued the estate of John Maloney, claiming that Mr. Maloney had been negligent on the day of the accident by way of his driving. It was claimed that the deceased driver had caused Mrs Maloney and her eight other children to suffer mental distress. In the High Court in Galway, Judge Mr. Justice Moriarty heard that the issue of liability had been withdrawn, and awarded Mrs Mahoney and the family of Yvonne and Bobbi-Ann a compensation settlement of 100,439 Euros plus costs.

A teenage girl, who suffered psychological injuries after her mother was knocked unconscious in a car collision, has had a compensation award of 21,000 Euros approved in the Circuit Court.
Charmaine Fitzgerald (14) of Clondalkin, County Dublin, was just 10 years of age when she and her mother were violently rear-ended while sitting in the family car close to Charmaine’s school. The force of the impact was so great that Charmaine’s mother, Lisa, was thrown from the car and lost consciousness.
In the Circuit Court, Mr. Justice Matthew Deery heard that Charmaine – who was just 10 years old at the time of the accident in March 2007 – had feared her mother had died, and was psychologically traumatized by the event – suffering headaches and nightmares for a prolonged period after the accident.
In the action brought through her mother, the court also heard that Charmaine’s condition deteriorated so much that she visualised the crash each time she was driven close to the scene, and had to change schools as a result.
Judge Mr. Matthew Deery approved the settlement offer of 21,000 Euros made by the defendant – Paul Mullins of Palmerstown, Dublin.

A man whose life was shattered in a hit and run accident in 2005 has been awarded 2 million Euros compensation by the High Court in Dublin.
Paul Gogarty (35) from Kingscourt, County Cavan, was walking home from a night out with friends, when he was run over by a vehicle which failed to stop. Due to the accident, Paul – formerly a factory worker – sustained severe bilateral traumatic brain injury.
As the vehicle responsible for Paul’s injuries was never traced, a claim for road traffic accident compensation was brought against the Motor Insurers’ Bureau of Ireland (MIBI) through Paul’s brother, Oliver.
Mr. Justice Nicholas Kearns heard in the High Court how Paul’s injuries have left him requiring lifelong care and ongoing treatment for post-traumatic epilepsy. The consequences of the accident have also caused persistent cognitive and behavioural problems.
He also heard that an offer of compensation for 2 million Euros had been made by MIBI, which the family had agreed to accept. Approving the settlement, Mr. Justice Nicholas Kearns noted that an application will now be made to make Paul a ward of court.

Circuit Court President Justice Matthew Deery approved an award of 56,000 Euros for whiplash injuries suffered by three siblings, after hearing how their mother´s car had been rear-ended in an accident which occurred in January 2007.

Rachael Hopkins (9) and her brothers Daniel (10) and Thomas (7) from Broadford, County Kildare, had been passengers in a car driven by their mother Jennifer, when it was hit from behind by Ms Monica Carney of Lucan, County Dublin.

In an action brought through the children´s father, Thomas Hopkins, the court heard how the children had received treatment for recurrent and protracted symptoms of their injuries from the family GP and a specialist consultant.

The injuries had been more problematic for the two brothers, Daniel and Thomas, who were each approved a settlement of 20,000 Euros. A settlement of 16,000 Euros was approved for Rachael Hopkins, and the compensation award will remain invested in court funds until they are 18 years of age.

Gardai are currently being trained to recognize drivers that are possibly under the influence of drugs while driving. The Medical Bureau of Road Safety is training gardai drug-drive recognition techniques so that the officers will be about to “form an opinion” that drivers are under the influence of drugs if they have tested negatively for alcohol. Drivers that fail the impairment tests can be arrested and brought to the local garda station for blood or urine tests. Gardai now have authority to perform roadside drug testing under the provisions of the road Safety Act 2010. The blood or urine test will be performed by a qualified medical professional and the tested in a certified laboratory. Positive test results will be used to obtain a conviction in court. Refusal to submit to testing by the Gardai can result in fines of up to €5,000 or six months in prison.

Drug driving has received much less attention than drunk driving in Ireland, despite the fact that Road Safety Authority statistics show that one in five passengers have been in a car driven by a person under the influence of drugs. The new procedures can be expected to dramatically increase the number of drug driving convictions from the current level of 700 convictions per year.

If you have been in a road traffic accident and suspect that the other driver is under the influence of alcohol or drugs, you should inform the gardai immediately. The new procedures make it considerably more likely that the gardai will detect drug driving. Regardless of the circumstances of a road traffic accident, drivers is under the influence of drugs or alcohol are not only likely to be held fully responsible to the accident, and they are also going to be charged with drunk or drug driving and possibly dangerous driving.