Man in wheelchair after road accident settles case for €3.5m

A 59-year-old man who suffered serious injuries in a car crash has settled his High Court action for €3.5m.

Finian McKenna, the court heard, has been in a wheelchair as a result of the accident five years ago.

Approving the settlement Mr Justice Kevin Cross said Mr McKenna was seriously injured in a road traffic accident through no fault of his own. The judge said the case was before the court for assessment of damages only and he noted that Mr McKenna was now cared for by his brother Shane.

Finian McKenna, Beechmount Gardens, Navan, Co Meath, had sued Castlekeeran Transport Ltd treading as Farrelly Transport with registered offices at Carnaross, Kells, Co. Meath, and the driver of the other vehicle Marius Anuska of Riverstown, Kilmessan, Co Meath, as a result of the accident on November 4, 2014.

The owners of two cars parked in the area of the accident were also sued.

It was claimed that Mr McKenna was driving a car near Dunganny, Trim, Co. Meath, when the vehicle owned by Farrelly Transport collided with him while overtaking or attempting to overtake the parked cars.

It was claimed there was a failure to keep any or any adequate lookout and that the parked cars had been overtaken when it was allegedly unsafe and dangerous to do so. It was also claimed there was an alleged failure to take any or any adequate evasive action so as to avoid a collision.

The owners of the parked cars, it was alleged, had parked their cars in a dangerous and unsafe place and had allegedly created an emergency on the roadway.

The claims were denied.

Mr McKenna suffered multiple fractures in the crash and was in a hospital for a year afterwards and now uses a wheelchair.

Approving the settlement Mr Justice Cross wished Mr McKenna all the best for the future.