Bryan gets €3m over fatal accident

By Vivion Kilfeather

The High Court yesterday awarded the 10-year-old over €3 million after he sustained massive head injuries in a freak road accident.

Bryan was walking with his family near their home at Newtowncunningham, Co Donegal, on August 10 1998, when the group was struck by a rear wheel which became detached from a passing lorry.

Bryan was severely injured and his sister Denise, 15, was killed. Awarding €3.08 million in settlement, Mr Justice O’Donovan described Bryan as “a great guy” and described his achievement in the Special Olympics as “fantastic”.

He also wished him the best of luck for today’s 25-metre sprint. Wearing an Irish tracksuit, Bryan proudly showed the judge the gold medal he won in softball earlier this week.

Mr Justice O’Donovan described the case as a very sad one, but said, Bryan, while he didn’t have too much else to be grateful for, was very fortunate in his caring parents, Noreen and Peter.

He also sanctioned a €10,000 pay out to meet the cost of a holiday for the Doran family. He said he had Disneyland in mind after Bryan completed the Special Olympics and secured a “bagful of medals”.

Bryan will require ongoing care for the rest of his life. He lives at home with his parents and four sisters and brothers and attends St Bernadette’s special school in Letterkenny.

Through his father, Bryan sued James McGarvey, a haulier of Glenelly Road, Cranlagh, Omagh, Co Tyrone, and owner of the lorry which was driven by the second defendant, Mark Sweeney, of Magheraboy, Killygordon, Co Donegal.

He also sued Campbell Caldwell, a company that fits and supplies tyres, of Lifford Road, Strabane.

All three defendants had denied negligence. Mr McGarvey and Mr Sweeney denied negligence on their part and pleaded the accident was due to the negligence of Campbell Caldwell in relation to the fitting of the tyres on the lorry.

That company in turn denied negligence on its part and pleaded the accident was caused and contributed to by the negligence of the other two defendants.

The ruling of damages was made against all three defendants.

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