€750,000 for man who suffered brain injury in collision

A man who suffered a brain injury after he crashed his car into the back of a county council truck on the side of a road has secured €750,000 in a settlement of his High Court action.

Francis Smith, of Bracklin Grove, Edgeworthstown, Co Longford, had, through his mother Martina Dempsey, sued Longford County Council as a result of the incident which occurred on January 27th, 2009 at Cartronegagh, Edgeworthstown.

It was alleged that the council had failed to give any, or any adequate, warning that work was underway on the road, such as traffic lights, advance road traffic warning signs or bollards.

It was further claimed a stationary lorry was permitted to project extensively onto the carriageway such as to be a danger to other road users, including Mr Smith.

There was also, it was alleged, failure to ensure a necessary flagman was in place on the soutbound approach for the purpose of warning oncoming traffic, including Mr Smith.

The council denied the claims and also pleaded contributory negligence on Mr Smith’s behalf in allegedly driving too fast into the bend in the road.

Diarmuid P. O’Donovan SC, for Mr Smith, told the court that, as Mr Smith drove around the bend in the road, he had to take evasive action as another car was coming and he collided with the back of the council truck.

Mr Smith suffered a brain injury and now has cognitive and physical difficulties, counsel said.

Before the crash, Mr Smith had a good job in a factory, he added. The two passengers travelling in Mr Smith’s car were not injured, the court also heard.

Approving the settlement, Mr Justice Cross noted it represented 25 per cent of the full value of the case.

He said it was a good settlement and wished Mr Smith well for the future.