A settlement of €1.15 million has been approved by the High Court in the case of a man who suffered a serious brain injury when struck by a car as he crossed the road in Limerick when he was aged 15.
Mr Justice Johnson yesterday approved the settlement in the case brought by Mr Patrick Anthony O'Shea, who sued through his mother, Ms Breda O'Shea, Chesterfield Downs, Castletroy View, Limerick.
The action was taken against the driver of the car, Mr Eamon Slattery, St Mary's Terrace, Cappamore, Co Limerick.
On December 12th, 1999, Mr O'Shea was crossing the road at Ballysimon Road in Limerick when, due to the alleged negligence of Mr Slattery, his vehicle collided and struck the boy.
Mr O'Shea was taken unconscious to hospital. It was claimed he eventually regained consciousness but suffered a serious brain injury. While he had made pro- gress since his admission to hospital, he could only stand with considerable difficulty and with the support of two people, it was stated. He was transferred to the National Rehabilitation Unit in Dún Laoghaire in April 2000. His ability to work in the future has been severely diminished, if not entirely eliminated, and he will have a continuing loss of earnings for the remainder of his life, it was claimed.
Mr Slattery denied negligence and claimed the accident occurred solely as a consequence of Mr O'Shea's own negligence or that he was guilty of contributory negligence. It was claimed the boy failed to look where he was going and had bent down in the path of oncoming traffic when he knew or ought to have known it was dangerous to do so.
It was also claimed the boy had consumed an excessive quantity of alcohol or drugs and had failed to use his common sense.
The court was told an application is to be made to have Mr O'Shea made a ward of court.