A young man who suffered a traumatic brain injury when the vehicle he was travelling in crashed into a tree during the Covid-19 pandemic has settled a High Court action for €215,000.
Dean Quinn Garry was 15 when he left his home and joined four others in the car, the High Court heard. Another passenger in the car, a 13-year-old boy, was killed when the car went off the road in the early hours and hit a tree in the Lisclougher Great area of Delvin, Co Westmeath, on June 10th, 2020.
Three other male teenagers travelling in the car sustained non-life-threatening injuries.
Jonathan Kilfeather, counsel for Quinn Garry, told the court his client was in a car that was taken without the owner’s knowledge by another member of the group. The car had earlier come to the attention of a Garda response unit but counsel said gardaí had “backed off” before the crash.
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Quinn Garry, now aged 21 and from Delvin, had, through his mother Ciara Garry, sued the car owner Patricia Shannon, of Athboy, Co Meath, the car’s driver Alex Smith jnr, of Athboy, and the Motor Insurers’ Bureau of Ireland. Counsel said the bureau was sued because the driver was not insured.
It was claimed the car was caused to go out of control and crash as a result of which Quinn Garry suffered catastrophic injuries.
It was claimed there was an alleged failure to have any or any adequate regard for the safety of other road users, and an alleged failure to keep any or any adequate lookout. It was further claimed that the car was allegedly being driven at speed and there was an alleged failure to observe the rules of the road.
All of the claims were denied.
Counsel said judgment in default of appearance had previously been obtained against the driver of the car, but damages had yet to be assessed.
Approving the settlement, Judge Paul Coffey said the litigation risk in the case was so overwhelming that any offer should be accepted. He said there was no case against the car owner and he noted the settlement against the bureau.
The judge told Quinn Garry’s mother it was a very tragic case and she had his sympathies. He approved the bureau’s offer and the case was struck out against it and the car owner. The case against the driver, in which judgment was already granted, was adjourned.
