Woman settles action over alleged injury to unborn child

An action brought over an alleged injury to a girl, apparently sustained in a road traffic accident when her mother was nine-weeks pregnant with her, has settled at the High Court for €100,000.

Abigail Warner’s mother, Denise Warner, was nine-weeks pregnant with her when a car collided at speed with her vehicle, injuring both herself and, it was alleged, the baby she was carrying.

Abigail, now five-years-old, has cerebral palsy on her left side, alleged to be a result of the incident.

Through her mother, of Dunmore Avenue, Killinarden, Tallaght, Dublin, Abigail had sued the driver of the other car, Derek Moffett, of Weston Park, Dundrum, Dublin, over the accident at The Square, Tallaght on October 15th, 2008.

The defendants in the case had denied all claims and any link between her disability and the accident.

Causation issue

In seeking approval of the settlement, Dr John O'Mahony SC, for the child, told the High Court there would have been a difficulty in the case around causation.

It was claimed that the driver of the other car had a diabetic fit, losing control of his car and striking Ms Warner’s car on the driver’s side.

Dr O’Mahony told the High Court Abigail is now a delightful girl in junior infants and getting on very well.

Mr Justice Kevin Cross met Abigail and her mother in his chambers and said the money will provide a “nest egg” for the child when she is an adult.

The court heard Ms Warner, who has six other children, had previously settled her own action in relation to the accident.