A young man who it was claimed suffered a traumatic brain injury when the car in which he was a passenger went off the road has settled a High Court action for €1.1 million.
Cian Slevin was 16 years of age when the crash happened on the road between Newcastle and Cappoquinn in Co Tipperary on January 27th, 2021.
Slevin’s counsel Patrick Treacy, instructed by Cian O’Carroll solicitors, told the court on Tuesday that Slevin was not wearing a seatbelt at the time and his head hit the ceiling of the car.
The driver of the car, Feidhlim Ryder, was 19 years old at the time, Treacy said.
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Counsel said it appeared the car had failed to negotiate a left bend and careered off the road into a stream.
Slevin, now aged 22 years, from Ardfinnan, Co Tipperary, sued Ryder (24), from Newcastle, Co Tipperary, as a result of the incident on January 27th, 2021.
In the proceedings, it was claimed there was an alleged failure to retain the car on the road surface in a safe and appropriate manner and an alleged failure to stop, swerve, slow down or in any other way control the car so as to avoid the collision.
It was further claimed the car was allegedly driven at excessive speed such as rendered the driver incapable of controlling his vehicle.
All of the claims were denied.
Counsel said the settlement was reached after a protracted mediation. Slevin, he said, suffered a head injury and multiple spinal fractures. He said it was their case that Slevin suffered a significant traumatic brain injury.
However, the court heard the Ryder side did not accept the degree of cognitive impairment involved was to the extent of that claimed by the Slevin side.
Treacy told the court there was a “vulnerability in the case”.
Approving the settlement, Judge Paul Coffey said it was fair and reasonable. He noted there was a real litigation risk in the case.
