Man gets €5m over motorbike accident

A MAN who suffered extensive head injuries when the motorbike he was a passenger on hit a roadside bank of earth has secured €4.98 million compensation.

The judge in the case yesterday suggested there is a need for someone to look at the British-type compensation system allowing for periodic payments in such cases rather than one large settlement because of large differences of opinion over how much it costs to provide for victims of accidents for the remainder of their lives.

Mr Justice John Quirke made the comments when he approved the settlement for David McCullagh Junior, 30, who, through his father David senior, sued the driver and owner of the motorcycle, Anthony Leahy, of Ballineadig, Farran, Cork.

Mr McCullagh, a painter/decorator from Ardcross, Crosshaven, Cork, claimed he suffered the injuries and is in a wheelchair as a result of Mr Leahy’s negligence in controlling the bike when it hit an earthen bank at or near Lee Valley Golf and Country Club, Ovens, Cork, on June 25, 2006.

Dr John O’Mahony SC for the McCullaghs told the court the €4.98m settlement was in recognition that all Mr McCullagh’s needs will have to be cared for over another 33 years on the basis of medical opinion that his life expectancy had been cut by 29%.

Counsel said while his side’s expert had assessed the cost of care based on the reduced life expectancy, another actuarial report had come up with a figure of €3m for future care.

Mr Justice Quirke said he had “real concerns” about how the costs of future care for people in such situations is dealt with at the moment. “The current British model is based on periodic payments and it is infinitely better,” the judge said.

The system we have is supposed to cover all future costs but there was no way of doing that properly and it was the equivalent of “looking into a crystal ball”, he said.

“What really needs to be done is to change the system,” the judge said.

The judge approved the immediate payment out of €865,000 from the €4.9m to include €250,000 towards the cost of adapting the family home for him, €60,000 for his parents and €40,000 for his brother and sister, towards the cost of the care they had provided in the last two years for him.

The remainder of the money will be paid into court pending wardship proceedings.

The court heard his brother and sister had provided daily assistance bringing him to physiotherapy five days a week.

The insurance company which insured the motorbike owner had already provided financial assistance towards the home improvement as well as a car to transport David, said Mr McCullagh’s counsel.

Mr McCullagh had spent most of his time since the accident in Cork University Hospital and the National Rehabilitation in Dun Laoghaire and is staying in St Finbarr’s Hospital, Cork, pending the completion of works to his home.