A man who is brain-damaged and wheelchair bound as a result of serious injuries sustained after he was struck by a car after he allegedly ran across a busy Dublin city centre road has settled his High Court action for €500,000.
Seeking approval of the settlement offer, Peter Finlay, counsel for Robert Lackey (31), said Mr Lackey was 75 per cent responsible for the accident and, if the case proceeded and gardaí gave evidence, there was a possibility his client would have lost the case.
Mr Finlay said Mr Lackey was crossing the road at Wolfe Tone Quay, Liffey Street on October 24th, 1999. He was struck by a car but the driver was not prosecuted and gardaí said there was no liability attached to the driver.
Counsel said his client would have to accept a large degree of contributory negligence. The car in the first lane was able to avoid him.
A second driver in the next lane gave evidence to gardaí that Mr Lackey ran across the road but that driver had also managed to miss him altogether.
The driver in the next lane had struck Mr Lackey as he had no advance view of what was ahead of him and had no opportunity to take evasive action, counsel said.
The settlement was approved by Ms Justice Elizabeth Dunne and the court was told that an application would be made to have Mr Lackey made a ward of court.
The action was taken by Mr Lackey, with an address at Peamount Hospital, Newcastle, Co Dublin, through his sister Susan McKenna, of Loch Conn Drive, Ballyfermot, Dublin, against William Snow and Michael Hetherton, of Inchicore, Dublin, the owner and driver of the car.