A young man has settled his High Court action alleging he suffered severe injuries when the car he was travelling in with four friends hit a wall, killing the 16-year-old driver.
The High Court had part heard the case brought by Scott John Matthew Bowes, who was aged 16 at the time of the February 2019 accident which, he said, caused him injuries to his neck, shoulder and leg, as well as lasting psychological impact.
The driver, Eamon Kavanagh, who was not old enough for a driving licence, died instantly when the vehicle hit a concrete wall where a narrow road, coming off Mount Leinster, crossed a cattle grid, south of Myshall. The four other occupants were taken to hospital.
On Thursday the court heard Mr Bowes had settled his case against the Motor Insurance Bureau of Ireland, which handles claims against untraced and uninsured drivers, and Mr Kavanagh’s mother, Jennie Kavanagh, who owned the vehicle and was added to the case at the bureau’s request.
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Her insurance policy did not cover her underage son, who took the vehicle without her permission, the court heard. A solicitor was sued as a representative of Eamon’s estate.
Mr Justice Paul Coffey congratulated the parties for reaching a settlement and wished the young man well.
He expressed his “deepest sympathies” to Ms Kavanagh on the death of her son. He praised her “dignified silence” in attending the hearing, which he appreciated must have been very traumatic and difficult for her.
The court heard Eamon died after a very difficult time for him, as his father, James Kavanagh, received a three-year prison term just two days before the accident. Mr Kavanagh had pleaded guilty to 30 counts of causing or allowing animal cruelty on his property at Raheenleigh, Myshall, in April, 2015.
Close to 1,000 people attended Eamon’s funeral, which heard he was very popular, “an obvious extrovert and yet he was very sensitive, a lad who prized loyalty”. He loved his family and friends, sports and had a great sense of fun, the chief celebrant said.
The defendants’ senior counsel, Hugh Mohan, instructed by Nathaniel Lacy & Partners, said earlier this week that Ms Kavanagh planned to tell the court she had not given her son permission to take her car in the early hours of February 24th, 2019.
Negligence was admitted regarding elements of the driving, but other matters were in dispute, the court previously heard. The bureau contended it is not liable to compensate Mr Bowes (now aged 20) considering he entered the vehicle with a driver who had no insurance policy, was underage and had no ability to exercise control over the vehicle.
Mr Bowes was not wearing a seatbelt.
Opening the case earlier this week, Richard Lyons SC, instructed by McGinley & Co Solicitors, said his client, Mr Bowes, acknowledged he was aware his friend had two or three drinks before getting behind the wheel.
In the witness box, Mr Bowes, from Myshall, Co Carlow, said he and Mr Kavanagh had played hurling together for many years and were close friends.
The teenagers were drinking cider at an abandoned house outside Borris village, with Mr Bowes consuming one or two.
He described a sense of fear as he realised the car was heading down the side of a hill before it hit a wall. The accident was “horrible”, and “everyone was screaming”, said Mr Bowes.
He dislocated his shoulder, fractured his leg and damaged his neck. He was in a wheelchair for about three months and wore a neck brace for six months. He is still hampered by the physical injuries, while he also suffered nightly nightmares about the accident, he told the court.
He began a third-level quantity surveying course but dropped out while suffering from depression and having difficulty eating and sleeping, he said. He went to work in construction with his father.
No details of the settlement were given to the High Court.
