Man paralysed in road accident receives damages of £1.1 m

A man who was paralysed following a road accident in Co Galway in which four people died is to be paid damages of £1

A man who was paralysed following a road accident in Co Galway in which four people died is to be paid damages of £1.1 million, the High Court heard yesterday.

In a reserved judgment dealing with the issue of liability, Mr Justice Kinlen directed that the damages are to be paid by Mr Peter O'Halloran, father of the late Mr Joseph O'Halloran (24), of Kilkerrin, Connemara, and Ms Nuala Prendergast, nominee of the late Mr O'Halloran, to Mr John Joseph O'Toole (26), of Kilkerrin.

Mr O'Toole was seriously injured when a Ford Sierra car in which he was a back-seat passenger collided with a Honda Accord car at Recess, on the main road from Clifden to Galway in 1994.

The three people in the Accord - the driver, Mr John McCambridge (55), Clonskeagh, Dublin, his wife Maureen, and Ms Claudia Gavan (21), Dummoran, Co Galway, were killed.

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The driver of the Sierra, Mr Joseph O'Halloran, also died at the scene. There were four people, travelling in the Sierra, including Mr O'Toole.

He sustained serious injuries leaving him paralysed and permanently confined to a wheelchair. He lacks feeling in his legs below his knees.

Mr O'Toole initiated proceedings against a number of defendants, including Mr Peter O'Halloran and Ms Nuala Prendergast, who was sued in her capacity as nominee of the late Mr Joseph O'Halloran.

The court was told a settlement had been reached at a previous hearing and the only issue remaining to be resolved was liability for damages.

In his reserved judgment, Mr Justice Kinlen said the case involved a horrific collision between two vehicles.

He said the blood alcohol level of Mr Joseph O'Halloran was 162 mg per 100 ml while the appropriate legal limit at the time was 100 mg per 100 ml.

The judge added that he was satisfied the Sierra "came into the bend at an excessive speed, that the driver knew the bend and was affected by alcohol and that, because of these factors and the fact that he had four passengers and, possibly, maladjusted tyres, there was an over-steer which resulted in this terrible accident".

Mr Justice Kinlen entered judgment for Mr O'Toole against Mr Peter O'Halloran and Ms Prendergast.