€9 million settlement over accident where child was knocked down by car

High Court Reporter

A young man, who, when he was five years of age, was knocked down by a car when he allegedly stepped off the grass verge on a road, has settled a High Court action for €9 million.

Fintan Smyth, the High Court heard, suffered a traumatic brain injury and now has mobility issues and requires full-time supervision.

The settlement, which is without an admission of liability, includes a 25 per cent discount to reflect the litigation risk in the case. The case settled after mediation.

Fintan Smyth (20) of Ballinamore, Co Leitrim, had, through his father Declan Smyth, sued the driver of the car, Cathy Atkinson of Rosslare Strand, Co Wexford, over the accident at Kiltealy, Co Wexford, on May 15th, 2011.

In the proceedings, it was claimed the driver was allegedly driving without alleged due care and attention, and there had been an alleged failure to observe the boy, a pedestrian in time or at all.

It was further claimed that, having observed the child, a pedestrian on the roadway, there was an alleged failure to take any or any adequate precautions to avoid the accident.

It was also contended that when aware of the presence of children at or near the roadway, there was an alleged failure to moderate her driving accordingly.

All of the claims were denied, and the driver contended she drove in a lawful manner and there was no alleged negligence on her part.

Fintan’s counsel, Peter Bland SC, instructed by Gabriel Toolan solicitor, told the court it was a tragic case.

Counsel said there were liability issues in the case.

He said the defendant would say the child stepped out in front of the car from the grass verge, and there was no opportunity to avoid him. The garda report said the defendant did not have an opportunity to stop.

Counsel said the child would only have been in view for a fraction of a second. He said the situation was that the child was with another boy, and they ran across the road.

When called back, the other boy stopped and turned back. Counsel said Fintan reached the other side of the road but made to return to back across the road and was hit by the car.

“We are dealing with fractions of seconds here,” counsel said.

Fintan was transferred to hospital and later the National Rehabilitation Hospital Centre and was not discharged home until November 2011.

Approving the settlement, Mr Justice Paul Coffey said it was a very tragic case. He noted that there was a very significant liability risk in the case and the 25 per cent discount as a result.

The judge said he was satisfied the settlement was fair and reasonable, and he wished Fintan and his family well for the future.