€3m for driver struck by tree

A 23-year-old student who has been left brain damaged and blind in one eye after a tree fell on his car settled his High Court action for a total of €3.1m yesterday.

Julian Karra, the High Court heard, is also partially sighted in the other eye and has a brain injury after the accident .

Mr Justice Kevin Cross approved a settlement of €3.175m against a land owner and a further settlement of €600,000 against Wicklow County Council.

Richard McDonnell, counsel for Mr Karra,

said his client, who was 19at the time, was driving home from college on the Rathdrum to Glenealy road, Co Wicklow, at 9pm on February 4, 2010, when near Deputy’s Pass a tree fell onto the road crushing his car. He was trapped inside for almost two hours while emergency services tended the scene.

Mr Karra, of Ballygannon Woods, Rathdrum, Wicklow, had sued Nigel Kelly, Drumdangan, Rathdrum, whose lands bordered the road, and Wicklow County Council.

It was claimed there was an alleged failure to properly maintain, prune or lop the tree so as to ensure it did not become a danger so as to prevent it from toppling over. It was further claimed there was an alleged failure to take necessary precautions or adequate care of a tree within close proximity of a public road so as to ensure it did not represent a danger.

It was further claimed the council allegedly failed to adopt appropriate rescue attempts and measures by its alleged failure to have and use proper efficient and or necessary rescue and tree cutting equipment.

It was claimed there was an alleged failure to provide proper training for members engaged in the emergency services in the use of chain saws and other tree cutting equipment.

Mr Kelly and the council denied all claims.