A SETTLEMENT of more than €7 million has been approved for a young woman who suffered “catastrophic” brain injuries in a road collision in Co Tipperary five years ago.
Mr Justice Iarfhlaith O’Neill approved the settlement yesterday for Valerie Bourke (26), a student, Mill House, Ash Park, Carrick-on-Suir, Co Tipperary. An application will be made later to have Ms Bourke made a ward of court.
Through her mother, Catherine Bourke, Ms Bourke, who has been deaf since birth, had sued Patrick Holden, Sream, Aglish, Carrigeen, Co Waterford, and Stefan Gilchrist, Clonmore, Piltown, Co Kilkenny, arising from the crash on the Carrick-on-Suir to Waterford road on May 13th, 2006.
It was alleged Mr Holden was the driver of a truck that collided with Ms Bourke’s car. Mr Gilchrist was the owner of the truck, it was claimed.
The settlement, which includes a €4 million award for care in the future, is against both defendants. Liability had been conceded and the case was before the court for assessment only. Ms Bourke was not in court.
After the settlement, her father Ciarán Bourke said her family was “relieved” the action was over and that they, and Valerie, could get on with the rest of their lives.
Outlining the case yesterday, senior counsel Michael McGrath, for Ms Bourke, said she had been born deaf but, despite her difficulties, had engaged fully with society and completed her applied Leaving Certificate and a one-year business plc course.
She was looking forward to her life as an independent young person, but all of that changed as a result of the crash, he said.
Ms Bourke was driving her red Nissan Micra when the truck driven by Mr Holden turned across her path at the Old Schoolhouse junction on the road between Carrick-on-Suir and Waterford, counsel said.
In her claim, it was alleged the truck was driven in a dangerous manner and on to the incorrect side of the road into Ms Bourke’s car.
As a result of the collision, Ms Bourke suffered a catastrophic brain injury, as a result of which she has lost all independence of living, is wheelchair-bound and will require total nursing care indefinitely, it was claimed.
