A TEENAGER who suffered head injuries in a car crash that resulted in the death of his 12-year-old cousin five years ago was awarded €550,000 in damages at the High Court in Cork yesterday.
Dr John O’Mahony SC said Bill O’Flynn who will be 18 next month was injured in the collision on the M8 at Corrin, Fermoy, Co Cork, in an accident that resulted in the death of his cousin Billy Kelleher who was aged 12.
Bill O’Flynn brought the action through his mother Catherine O’Flynn of Ballinahoun, Fermoy, against defendants Thomas Bloomfield of Mansfield Town, Castlebellingham, Co Louth, a haulier, and Gerard Bloomfield of Green Road, Dromiskin, Dundalk, Co Louth, a lorry driver.
Dr O’Mahony said the plaintiff was 12 at the time of the accident on February 20, 2005, and was a rear seat passenger in his mother’s car. The plaintiff’s mother had correctly brought her car to a stop to make a right hand turn when the defendants’ lorry collided into the rear of the car.
Dr O’Mahony said that the plaintiff is about to go into his Leaving Cert year.
The €550,000 was a settlement offer in the case and it was approved yesterday by Ms Justice Elizabeth Dunne. The judge said she had no hesitation in approving the settlement offer in the case.
“The basis on which the figures have been put forward seem to me to be beyond criticism. Going to court is always an area to which risk applies. There is a very, very real risk it will result in a lower award,” Ms Justice Dunne said.
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