Woman awarded €5m after car crash

THE HIGH Court has approved a settlement of €5 million for a woman (28) who is brain damaged and will never live independently…

THE HIGH Court has approved a settlement of €5 million for a woman (28) who is brain damaged and will never live independently as a result of injuries sustained in a car crash.

She was thrown through the rear window of a car which was struck by an uninsured driver who later pleaded guilty to charges of dangerous and drink driving and to breaking a red light.

Yvonnie Mutuhle, a native of Zimbabwe who came to Ireland in February 2002 seeking asylum, will require constant care for the rest of her life as a result of the crash in August 2002, Mr Justice Vivian Lavan was told.

Through her father Godfrey Zireva, Ms Mutuhle, formerly of the Old School House, Eblana Avenue, Dún Laoghaire, had sued the driver of the other car - Faye Sherlock, Swanbrook, Kilruddery, Bray, Co Wicklow - and the Motor Insurers Bureau of Ireland.

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The case was settled yesterday for a sum of €5 million. The crash occurred in the early hours of August 31st, 2002 in Blackrock, Co Dublin. It was claimed the car in which Ms Mutuhle was travelling was in a collision with a car driven by Ms Sherlock.

In 2004, Ms Sherlock (28) was jailed for 18 months and disqualified from driving for 10 years at Dublin Circuit Criminal Court after she pleaded guilty to dangerous driving causing harm to Ms Mutuhle and to drink driving.

The court heard that Ms Mutuhle suffered life-threatening injuries to her brain, spine and internal organs. She underwent lengthy rehabilitation treatment and was transferred to a specialised facility in the UK in 2004.

The judge accepted the full value of Ms Mutuhle's claim would have been in excess of €7 million, but because she was not wearing a seat belt she had partly contributed to her injuries.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times