A co Cork man who suffered "horrific and life-threatening" injuries when the vehicle in which he was a passenger left the Cork-Fermoy road and struck a fence on Friday, January 13th, 1995, settled his action for damages in the High Court yesterday.
Mr Kieran Kearney (33), formerly of Carrignagroghera, Fermoy, Co Cork, and now residing in Fermoy, sued the driver of the vehicle, Mr Declan Freeman, of Oliver Plunkett Hill, Fermoy; the owner of the vehicle, Springvale Poultry Products Ltd, with registered offices at Limerick Road, Kildorrery, Co Cork; and Cork County Council.
The court heard that Springvale is owned by Mr Kearney's father, for whom the plaintiff worked at the time as a plant foreman.
Mr Kearney said he left with Mr Freeman for Cork city on the day before the accident but had no recollection of any of the events of that day or the accident, which was said to have taken place early the following morning when both men were returning home.
He had been unconscious and receiving pain-killing medication including morphine.
His counsel, Mr Richard N. Kean SC said the accident happened when the driver apparently fell asleep.
The vehicle left the road and struck a wooden fence which was dangerous and inadequate. Some of it entered the car and penetrated Mr Kearney.
One piece of timber entered his groin, passed through his abdomen and came out through his right loin.
As a result his bowel was severely damaged and a large segment had to be removed. His right colon was also removed.
His client underwent eight operations and multiple blood transfusions in the 58 days he spent in three hospitals in Cork.
He also suffered a compound fracture of the skull and had extensive scarring of the stomach and back, and after the accident developed depression.
The defendants denied negligence. Springvale and Cork County Council submitted that any injuries suffered were due to the plaintiff's own negligence in allowing himself to be carried in a vehicle where he knew or ought to have known that the driver was intoxicated.
Mr Freeman pleaded that the plaintiff failed to make provision for the driving of the vehicle when Mr Kearney and himself were both incapable of driving due to the influence of drink.
The case opened last Tuesday and after an adjournment yesterday morning Mr Kean told Mr Justice Morris the matter had been settled between all the parties.
He asked that the proceedings be struck out against all the defendants.