Child injured by milk van settles case for €2.9m

A settlement of €2.9 million has been approved for a youth who, when aged three, suffered a severe head injury after the wheel of a milk van ran over his head.

Ian O’Donnell, now aged 18, suffered severe skull fractures in the accident which happened outside his home just weeks before his third birthday, the High Court heard.

Through his mother Helen O'Donnell, Glenwood Park, Letterkenny, Co Donegal, the boy had sued the driver of the milk van, Paul Rodgers, Manorcunningham, Letterkenny, and the milk van owners – John, Paul and Brendan Kelly, Killtown, Killgordan, Co Donegal, as a result of the accident on November 10th, 2001.

It was alleged there was failure to keep any, or any proper, lookout, and the child was allegedly dragged some distance along the road before the driver was alerted to his presence under the van.

It was further alleged the van had been moved at a time when it ought to have been known it was unsafe and dangerous to do so.

The claims were denied and the court heard liability was in full issue in the case.

Outside his home

John Finlay SC, for the boy, said Ian was outside his home with his then eight-year-old sister and mother on the date of the accident and the milk van was parked at Glenwood Park.

He said Mrs O’Donnell thought Ian was getting into their car but he was found on the roadway after the accident.

A wheel of the milkvan had run over the boy’s head and he suffered serious skull fractures, counsel said.

The difficulty for his side in the case was that there was no proof of where the child was immediately before the accident, he said.

Mr Finlay said the boy had made a good physical recovery but has been left with other issues.

While he had finished school, it was not likely he would be able to hold down employment in the future, counsel said.

Approving the settlement, Mr Justice Kevin Cross said it was a very good one and praised the boy’s mother for the care she has given her son.

He hoped the settlement would reassure Mrs O’Donnell that Ian’s needs will be met for the rest of his life, the judge added.