A boy who suffered a significant brain injury when he was knocked off his bicycle by a car has settled a High Court action for €4.2 million.
The incident, which occurred in April 2020 during the Covid-19 pandemic, involved a driver who was 28km from his home address at a time when there was a 2km travel limit in place.
The boy’s counsel Liam Reidy, instructed by solicitor Stephanie Power, told the court the settlement was without an admission of liability. He said the incident happened in the south of the country at a time when the “roads were almost silent”.
The boy, now aged 16, had through his mother sued the driver of the car involved. By order of the court, nothing that might identify the boy can be reported.
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In the proceedings, it was claimed there was a failure to drive with due care and attention and to keep an adequate lookout.
It was further claimed there was a failure to observe the bicycle on which the boy was travelling. It was also contended there was an alleged failure to stop, steer, swerve, drive, brake or control the vehicle to as to avoid the collision.
All the claims were denied.
Reidy told the court liability was at issue in the case.
Counsel said the young boy suffered a very significant brain injury and a back injury. He said the boy, who was 10 at the time, was playing with an older brother in the garden of their home, which was adjacent to a road. The boy’s brother was in a go kart and went across the road and the younger boy made to follow him on a bicycle.
Counsel said the boy in the go kart managed to get across the road, but a car driven by the defendant in the proceedings collided with the rear wheel of the bicycle.
Counsel told the court a Garda investigation followed, but there was nothing in the Garda report to prove negligence on the part of the driver.
The child’s mother told the court her son was in a coma for three months after the incident, and on life support at one stage for 2½ weeks. She said her whole life is now about looking after her son and her other children.
Approving the settlement, Judge Paul Coffey said it was a tragic case. He noted that the litigation risk in the case was very grave and said the settlement was fair and reasonable.
