A YOUNG man who suffered injuries and had to have part of his leg amputated after the car in which he was a passenger struck a wall and caught fire has settled his High Court action for more than €1 million.
Mr Justice Michael Hanna said yesterday he had “no hesitation” approving the settlement of €1,050,000 million for Brendan Hayes.
Mr Hayes (21), Mullally Lawns, Cappamore, Co Limerick, had, through his mother Mary, sued Sam Houlihan, Aherlow Heights, Tipperary town, over an incident on the Cappamore to Doon road on September 9th 2004.
It was alleged Mr Houlihan was negligent and in breach of his duty of care to Mr Hayes due to the nature of his driving at the time.
The case was before the court for assessment of damages only, subject to clarification of the use of a seat belt by Mr Hayes during the crash. The court previously heard Mr Houlihan accepted liability for some, but not all, of the injuries suffered by Mr Hayes.
Yesterday, on the third day of the hearing, counsel for the defendant told Mr Justice Hanna they were consenting to a settlement of €1.05 million.
The award will go towards Mr Hayes’s future care. John Punch SC, for Mr Hayes, said there would be an application to have Mr Hayes, who has a minor intellectual disability, made a ward of court. The court heard Mr Hayes, who was 17 at the time of the crash, suffered serious injuries to his lower and upper body after the car driven by Mr Houlihan crashed into a wall and caught fire. Mr Hayes also suffered burns and was hospitalised for some time.
As a result of his injuries, his right leg had to be amputated from below his knee. He also suffers continuing medical problems, including pain in his knee, lack of strength in his right hand grip and has been unable to work. He was described as living in cramped conditions “wholly inadequate” to his needs.
Mr Justice Hanna said there was no doubt Mr Hayes had endured a stressful time.
Despite his difficulties, he should try to live as full a life as possible, the judge added. Mr Hayes was a young man “not without talents” and had impressed him.