الثلاثاء، 26 يوليو 2016

Boy awarded €5m after being struck by car

Mr Justice Kevin Cross said he determined the case as 60% liability against the driver
Mr Justice Kevin Cross said he determined the case as 60% liability against the driver
A 13-year-old boy who suffered a severe traumatic brain injury when he was struck by a car after he ran out on a road near his grandparents home in Co Cork eight years ago has settled his High Court action for €5m.
Ryan Bastin was visiting the home of his grandparents outside Mitchelstown when he ran out on the road intending to follow his father, brother and sister who were looking at cows in a field.
But the mirror on the driver's side of a car, which was travelling within the speed limit, struck the little boy on the head fracturing his skull.
Senior Counsel Dr John O'Mahony told the court the five-year-old boy suffered an extremely serious injury when he was struck by the car mirror.
Counsel said the reality was the driver, who was travelling in the direction out of Mitchelstown, had 1.75 seconds to do anything.
The driver, counsel told the court, said she heard a thud and did not see the boy at all.
Mr Justice Kevin Cross was told that Ryan, who celebrated his 13th birthday today, has been left intellectually impaired as a result of the incident.
Ryan Bastin, who lives in Brussels, Belgium, had through his father Christian sued the driver of the car Hannah Murray of Lisfuncheon, Ballyporeen in Co Tipperary as a result of the incident on 13 August 2008.
It was claimed there was an alleged failure to keep any proper lookout and to see the boy as he crossed the road. The claims were denied.
The boy immediately after the accident stood up and started to cry and he vomited.
During his transfer to Cork University Hospital he lost consciousness.
Ryan suffered an extensive skull fracture and spent a prolonged period in intensive care and also had to have a number of operations.
After his return to Brussels, he underwent treatment at a rehabilitation hospital there.
Dr O'Mahony told the court Ryan was on summer holidays with his family at the home of his grandaprents Joe and Angela Mullins at Kildrum, Mitchelstown.
Ryan's father went with an older brother and younger sister to look at cattle grazing in a field. Ryan stayed at home but then decided to follow.
Counsel said his side would have contended the driver should have seen the others at the other side of the road as they stood at a gate looking at cows in a field and this should have alerted her.
A little swerve, counsel said, would have avoided the accident.
Ryan's mother Sinead Mullins said her son now has difficulties with language and needs a lot of assistance, but he is an active boy who loves horse riding.
Approving the settlement, Mr Justice Kevin Cross said he determined the case as 60% liability against the driver.
The judge wished the boy and his family all the best and wished him luck with the horseriding.