Brain damaged man gets €2.3m after being struck by drunk driver

A computer programmer who was hit by a drunk driver as he walked along a city footpath with friends has settled his High Court action for €2.3million.

Tom McKiernan(39) was left brain damaged in the collision in which a young mother of twins also lost her life over five years ago.

A car driven by Francis Lennon mounted a footpath as the computer programmer and his four friends walked on a footpath on the Malahide Road, Clontarf, Dublin killing Anne Fitzsimons and leaving Mr McKiernan severely injured.

Lennon later pleaded guilty to dangerous and drink driving and dangerous driving causing the death of Anne Fitzsimons at Malahide Road, Clontarf on November 15th 2009.

In the High Court on Thursday Mr Justice Kevin Cross said Mr McKiernan had a terrible accident which was not his fault. The computer programmer, who has been left brain damaged and now has to walk with a stick, has been left with terrible injuries, the judge said.

Mr Justice Cross, approving the €2.3million settlement against the car owner and driver Francis Lennon, said the collision had a devastating effect on Mr McKiernan and it had “ruined” him.

“But you are here. You are able to discuss the matter with me. You have your views. You are going to your own accommodation, you can drive and will be able to build a life for yourself,” the judge said.

He added: “The way you have managed this terrible disability is encouragement to all fellow citizens, and you are to be congratulated on that.”

Mr McKiernan, Sheilmartin, Avenue, Fairview, Dublin had sued the car driver Francis Lennon, Sheephill Park, Corduff, Blanchardstown, Dublin who was the owner and driver of the car.

The computer programmer claimed he was walking along the footpath when without warning Mr Lennon’s car mounted the path and knocked Mr McKiernan and four of his friends down. Ms Fitzsimons was killed and the others injured.

Lennon later pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing the death of Anne Fitzsimons, dangerous driving causing serious harm to Mr McKiernan and drink driving on the Malahide Road on November 15 th 2009.

Handing down a three year jail term in the Circuit Criminal Court in 2011 to Lennon, Judge Martin Nolan at the time said the consequences of the accident had been dreadful, a woman was dead and a man was seriously injured.

Judge Nolan said he took in to account Lennon’s early plea, his co-operation with gardaí and his expression of remorse but the important aggravating factor was that Lennon was under the influence of alcohol.

“He shouldn’t have driven the car in such a condition,” Judge Nolan added. Outside the High Court Mr McKiernan whom the court heard will not be able to return to work and has had to learn to drive again said he was now happy his nightmare was over.

“I want to rebuild my life. I would just like to ask everybody to be safe on the roads, be visible and think of other road users, ” he said.