A YOUNG woman who suffered severe injuries following a road crash in which her boyfriend died has secured €4.25 million in settlement of her High Court action.
Approving the settlement yesterday for Claire Noone (25), which was based on her having a life expectancy of at least 63, Mr Justice John Quirke said the fact the law here only provided for lump sum payments rather than structured settlements of annual payments leaves people like Ms Noone “in a lottery situation”.
The law was quite inadequate and needed to be changed, and he hoped this would happen in the next 12 months, the judge said.
Unfortunately, he added, this case had to be decided under the existing law.
He made the comments after Ms Noone’s family expressed concerns that the settlement would not meet her needs if she lived beyond the age of 63.
After hearing an outline of the case, including being told there was an issue on whether Ms Noone was wearing a seat belt at the time of the collision, the judge said he would approve the settlement as there was a risk the plaintiff would have secured significantly less if the case went to hearing.
The proceedings were brought by Ms Noone, suing through her mother Anne Noone, of New Road, Clondoogan, Summerhill, Co Meath, arising from a crash at Johnstown, Enfield, Co Meath, on November 6th, 2005.
The action was against Michael Laheen, Derrylissane, Menlough, Ballinasloe, Co Galway, and his wife Margaret, the owner of a car driven by Mr Laheen which collided with the car driven by Ms Noone.
Earlier yesterday, Oonagh McCrann, for Ms Noone, said the crash occurred when Mr Laheen’s car went through a red traffic light and hit the car driven by Ms Noone, whose boyfriend John Larkin, of Summerhill, was in the front passenger seat.
Ms Noone was ejected from the car as a result of the impact, while her boyfriend died at the scene.
As a result of the crash, Ms Noone sustained severe lower back injuries and uses a wheelchair, but can walk some steps unaided, counsel said.
Her balance/gait was also affected and she suffers speaking difficulties.
Ms McCrann said that, while liability was admitted, an issue of contributory negligence was raised concerning a seat belt. While there was a possibility Ms Noone was not wearing a seat belt at the time, it was contended that she would have been just as seriously injured even if she had worn a belt.
Counsel said her client’s life expectancy had been estimated as at least 63 years, but she could live a lot longer, and her family had made heroic efforts for her.
While she required 24-hour care, she was very anxious to be independent, and a suitable house had been identified which could be adapted to her use.
Ms McCrann also said an application to have Ms Noone made a ward of court would have to be made, but her client was opposed to this.
Conor Noone, a brother of the plaintiff, said his sister was prepared to accept the settlement offer but was concerned about its adequacy, as it had been suggested she may live 15 years beyond what was predicted.