A man, who was left brain damaged and requiring 24-hour care following an assault by his girlfriend, has had a settlement of 3.84 million Euros approved at the High Court.
Mr Justice Nicholas Kearns heard how Jason Clarke (now 43) from Glencullen, Dublin, had been attacked by his then girlfriend – Jennifer Mayberry (33) of Foxrock, Dublin – after an argument had started between the two at the Blue Light pub on New Year´s Eve 2000.
The court heard that Ms Mayberry had thrown a bottle at Jason´s head; the impact of which caused a blood vessel to burst in his brain and initiate three strokes in quick succession. Jason lost consciousness in the third stroke – from which he did not recover for three months – and is now confined to a wheelchair, requiring 24-hour care which is currently provided by his family.
Ms Mayberry was arrested after the event and charged with assault – to which she pleaded guilty and was given a suspended jail sentence – and, in 2002, Jason made a claim to the Criminal Injuries Compensation Tribunal who awarded him 3.84 million Euros from which to date his family have received just over 1 million Euros in interim compensation payments.
At the High Court, Jason´s father Frank Clarke – through whom the claim for criminal injuries compensation had been made – appealed to Mr Justice Nicholas Kearns to approve the full award and make Jason a ward of court as he believed the settlement was insufficient to provide Jason with the care he needed when his family were no longer able to look after him.
Mr Justice Nicholas Kearns said it was a sensible decision as, if the case was to go before a new tribunal, there would be no guarantee that the award would be so high. The judge approved the settlement of criminal injuries compensation and noted that Jason may require more money to provide for his care in the future.