Girl injured while in womb awarded €100k

A 5-year-old girl who, it is claimed, suffered an injury in a road traffic incident while in her mother’s womb has settled her High Court action for €100,000.

Abigail Warner’s mother, Denise, was only nine weeks pregnant when a car collided, at speed, with her car, injuring both her and the baby she was carrying, it was alleged.

Ms Warner’s car was a write-off after the incident in which it was claimed the other driver, Derek Moffett, went out of control and struck Ms Warner’s car on the driver’s side after he allegedly had a “diabetic fit”.

Counsel John O’Mahony told the High Court yesterday that Abigail is now a delightful 5-year-old who is in junior infants at school and getting on very well. She has unilateral spastic cerebral palsy on the left side.

Abigail Warner had, through her mother of Dunmore Avenue, Killinarden, Tallaght, Dublin, sued the driver of the other car, Mr Moffett, Weston Park, Dundrum, as a result of the incident at The Square, Tallaght, on October 15, 2008.

It was claimed that Ms Warner was driving in The Square car park when Mr Moffett’s car collided, at speed, with them and Abigail suffered injuries.

There was an alleged failure to stop, slow down, or swerve to avoid collision.

All of the claims were denied and it was denied there was any connection between the incident and the girl’s condition.

Mr O’Mahony said there would have been a difficulty in the case around causation.

Mr Justice Kevin Cross, who met the girl and her mother in his chambers, said the money will provide a nest egg for Abigail when she is an adult.

Ruling in the case, he congratulated Ms Warner and her legal advisers for reaching a settlement.

The court heard that Ms Warner had previously settled her own action for damages in relation to the incident.

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