Two small children who were severely burned when their father's car burst into flames are to be paid more than £2 million in a settlement nine years later.
James Joseph Murphy, now aged 12, and his sister, Lena Marie, now aged 11, of Woodlawn Park, Borris, Co Carlow, were burned when their father's Fiat Mirafiori car burst into flames while it was parked on the driveway of their home in the summer of 1988.
Under the settlement, Lena Marie is to be paid £1,148,000, while James Joseph is to get £875,876. The action was taken against Fiat Auto (Ireland), Fiat Auto spa of Italy; J Donohue Ltd, and Protectacar Contract Servicing Ltd.
Mr Liam Reidy SC, for the two children, said the girl was the worst affected. She had head, face, neck, arm, hand and back injuries.
Mr Reidy said the girl's parents had achieved remarkable success in keeping her in good humour and preventing her becoming introverted because of her injuries. Mrs Murphy, throughout the nine years since the accident, had been dedicated to the children and it was agreed that a sum of £100,000 should be paid out to cover that period, counsel said. Approving the settlement, Mr Justice Johnson said the figures indicated that the level of possible general damages which could be obtained in a case such as this had been exceeded.
The judge said the reports he had read showed the parents had devoted wonderful care and attention to their children, and remarkable recovery was achieved despite everything. Mr Reidy said a new home had been constructed for the children. Taking Lena Marie's interest in the house into account, the settlement on her behalf was practically £1.2 million.
Soon after the accident, the children's father, James Murphy, was sued by the two children, through their mother, Margaret Murphy. Before the proceedings were instituted, the insurers of the father's car, New PMPA, agreed to pay damages totalling £815,000. That sum was approved by the High Court some years ago.