A teenage girl has been awarded more than €300,000 damages by the High Court after suffering serious injuries when she was trapped under a car driven by a youth which mounted a footpath where she was walking with friends.
Niamh Kelly was 13 when she was knocked down by the car at Carcur, Co Wexford, on August 1st, 2004, and trapped underneath.
Ms Kelly, now aged 16, Lee Heights, Walnut Grove, Wexford had, through her mother Geraldine, sued the driver of the car Mark Lacey, Ferndale Park, Wexford, and the car owner, Lithuanian national Augis Bitinas, Foxcroft Street, Portarlington, Co Laois, over the incident.
It was claimed that Lacey, who was then aged 17, drove on the public footpath at grossly excessive speed and lost control of the vehicle. Lacey was later convicted at Wexford District Court of dangerous driving and of having no insurance or driving licence.
He was ordered to do 350 hours of community service and disqualified from driving for eight years. Liability was admitted in the High Court action and Mr Justice Brian McGovern was asked to assess damages.
Awarding Ms Kelly €318,000 damages yesterday, Mr Justice McGovern said he was satisfied the injuries sustained were "quite horrendous".
Not only were the injuries extremely painful immediately after the accident and during the course of her treatment, but Ms Kelly had survived a "most frightening accident in which her life was at risk", he said.
Ms Kelly was walking on the footpath with five friends when she was struck by the car, he said. This was a horrific accident in which the young girl and a number of friends were knocked down and she was pinned under the car for some time afterwards.
She suffered severe wounds to her abdomen and left leg and injuries to her left forearm, fingers and right side of her face. She also sustained massive lacerations to her liver and a full thickness burn to her left leg.
Mr Justice McGovern said it seemed the burn on her leg was caused by "prolonged contact" with the exhaust or some other hot part of the car while she was pinned underneath. The burn extended to her shin bone and she required skin grafts.
The judge said the leg injury was grossly disfiguring and ruled out many normal forms of clothing which could be worn by the girl, not only in her teenage years but as a young woman and throughout her life.
The accident would continue to have a profound effect on Ms Kelly's life for which she could only be compensated by substantial damages.
Following the accident, Ms Kelly was rushed to Wexford General Hospital and remained in hospital for a number of weeks. She has also been left with a number of scars.