A WOMAN who received serious brain and other injuries when struck by a car after getting off a bus six years ago was awarded damages of £634,373 by the High Court yesterday.
The award was made in favour of Ms Nicola Connolly, now aged 20, of Creevymore, Cliffoney, Co Sligo. She received the injuries on May 8th 1990, shortly alter, she got off a bus near her home, on the main Donegal Sligo road.
Mr Paul Gilligan SC, for Ms Connolly, said it was clear she would have to be made a ward of court. An application on these lines would be made straight away.
The action was against Tegral Metal Forming Ltd, South Leinster Street, Dublin, owners of the car; Mr Kevin Doyle, sales representative, of Kings Grove, Athy, Co Kildare, the car driver; and Bus Eireann. The action against Bus Eireann was dismissed.
Mr Justice Barr said that in his view Bus Eireann took reasonable care for Ms Connolly's safety. The bus driver behaved in an exemplary way in reminding her that she was alighting on to a busy road and warning her that she should take, care.
The judge assessed total damages at £1,268,746 but said there, was no doubt that Ms Connolly was also negligent. He said fault should be apportioned on a "50/50" basis as between her and the car driver.
The judge said Ms Connolly, then almost 15, was returning from school in Bundoran on scheduled bus run. She alighted from the bus opposite her home and walked along the near side of the vehicle to the rear as it remained stationary. The bus began to move off and as it did Ms Connolly appeared from behind the back of the vehicle and was stuck by the car.
She suffered grievous injuries, including substantial permanent, brain damage, which prevented her giving evidence.
Mr Justice Barr said there was no real controversy between the parties that a new bungalow near Cliffoney, specially built for Ms, Connolly's physical difficulties, should be provided for her benefit.
Her mother, Ms Mary Connolly (41) had been engaged full time in looking after her since July 1992. It was evident she was completely devoted to her daughter and there was a special bond between them.
Ms Connolly was unconscious and treated at Sligo General Hospital before being transferred to Beaumont Hospital, Dublin. In, mid September 1990 she was transferred to the National Rehabilitation Hospital Dun Laoghaire, where she remained until August 1991 and where she had subsequent admissions up to April 1992.
The judge said his assessment of damages had not taken into account certain hospital charges and lawyers are to make inquiries in relation to those charges. Judgment was adjourned for two weeks pending the outcome of the inquiries.