A father of four who was seriously injured when he was hit by a car as he crossed a road after retrieving a child's toy was awarded damages of £1.85 million in the High Court in Cork yesterday.
Mr David Calnan (37), from Glasheen, Cork, suffered serious brain injuries and is wheelchair-bound following the traffic accident on the main Tralee-Castlemaine road in Co Kerry on August 24th, 1995.
Mr Calnan was on holiday with his pregnant wife, Maire, and their three children. He had just left the B & B where they were staying near Killarney when he noticed a toy belonging to another family across the road.
Mr Calnan retrieved the toy and was returning across the road when he was struck by a car driven by Mr Jeremy Sheehy, of Clogherbrien, Tralee, Co Kerry, and suffered what his counsel, Mr Michael Gleeson SC, described as "catastrophic injuries".
Mr Calnan, who previously had worked as an engineering manager and marine engineer, suffered injuries to his brain which seriously affected his cognitive, intellectual and emotional capacities, Mr Gleeson said.
He attended the National Rehabilitation Institute in Dublin and is now wheelchair-bound and has to use a special computer to communicate with his wife and four young children who are helping him to adapt.
Mr Gleeson said efforts by Ms Calnan to keep a normal family life going since were "herculean".
The full extent of the claim would have totalled a maximum of £4 million, but because of difficulties and risks in fighting the case, Ms Calnan was happy to settle the case for £1.85 million, Mr Gleeson said.
Ms Calnan said the settlement would allow the family to provide the best of care for her husband for the rest of his life. The family had already spent £120,000 adapting their house to his requirements, the court heard.
Mr Justice Geoghegan said Mr Calnan was managing to adapt to his condition in some ways, with his children helping him to learn to use the computer.
"I hope that there will be some little more adapting to his condition," he said.
The judge approved the lodging of £1.65 million in court, and Mr Calnan will now apply to become a ward of court. The remaining £191,000 was directed to be paid to Ms Calnan's solicitor, Mr Ernest Cantillon, for payment to the family.
The settlement includes a provision for daily rehabilitation cost of £150.