Student settles for €3.75m after tree fell on car

A student left brain damaged and blind in one eye after a tree fell on his car as he drove home from college, trapping him inside, has settled his High Court action for about €3.75 million.

Julian Karra (24) is only partially sighted in his other eye, the court heard.

Mr Justice Kevin Cross approved a settlement of €3.75 million against the owner of land bordering the road where the accident happened, plus a further settlement of €600,000 against Wicklow County Council.

Richard McDonnell SC, for Mr Karra, told the judge it was a “most unfortunate” case. His client, then aged 19, was driving home from college on the Rathdrum to Glenealy Road, in Co Wicklow, at 9pm on February 4th 2010 when, near Deputy’s Pass, a tree fell onto the road and crushed his car.

Mr Karra was trapped in the car for almost two hours while emergency services and firemen lifted the tree from the car, counsel said.

Mr Karra, Ballygannon Woods, Rathdrum, had sued Nigel Kelly, Drumdangan, Rathdrum, whose lands bordered the road, and Wicklow County Council as a result of the accident.

It was alleged there was failure to properly maintain, prune or lop the tree so as to ensure it did not become top heavy or dangerous and to prevent it toppling over. It was also alleged there was failure to take necessary precautions or adequate care of a tree within close proximity of a public road to ensure it did not represent a serious, ongoing danger to the passing public.

The Council, it was alleged, failed to adopt appropriate rescue attempts and measures, failed to have and use proper, efficient and/or necessary rescue and tree cutting equipment, including chainsaws, and failed to provide proper training for members of the emergency services using chain saws and other tree cutting equipment.

Mr Kelly and Wicklow County Council denied all claims.

Recommending the settlement, Mr McDonnell said Mr Karra was a multi-media student at the time but it is unlikely he would ever be able to work.

The tree was one of a number on a slope and an expert for his side would have testified the tree falling was caused not by wind but root rot, counsel said.

“Julian was blameless but there were hurdles to be crossed in the case,” he added.

Approving the settlement, Mr Justice Cross said he wanted to wish Mr Karra all the best for the future.

He noted Mr Karra has received great support from his parents and said he was always impressed at how parents “rallied around” in cases such as this. These parents had been “extraordinary” in the care of their son, the judge said.