UK court rules Cork man was 'completely blameless' in tragic accident

A Cork man was completely blameless for the accident that left him with devastating life-changing injuries, a UK court has ruled.

David O’Driscoll has said the ruling has come as a great relief, as it has now been established that he was in no way responsible for the suffering he and his family have endured for almost three years now.

Last year, the Irish Examiner reported that Mr O’Driscoll, 41, originally from Midleton, suffered a catastrophic brain injury and was in a coma after he was hit by a Mercedes-Benz driven by Prof Nigel Bundred in Wilmslow, south of Manchester, on the night of February 2, 2017.

Mr O’Driscoll, who was crossing the road at the time, had to have part of his skull removed and a metal plate inserted following the collision, and is still receiving rehabilitation treatment nearly three years later.

Mr O’Driscoll had become a father for the first time just four weeks before the incident.

In February 2018, Prof Bundred, an eminent cancer surgeon, pleaded not guilty in court to driving without due care and attention, and argued that he did not see Mr O’Driscoll because street lights were not working and his view was obscured by the pillar on his car door.

While there were no witnesses, CCTV from the nearby home of Irish international footballer Glenn Whelan showed that as he approached the scene of the accident, Prof Bundred cut a corner so badly that at no stage was his vehicle on the correct side of the road.

Prof Bundred was found guilty of the offence at a criminal trial at Tameside Magistrates Court, and was fined £2,000, a victim surcharge of £170, and the prosecution costs of £850.

Now Mr O’Driscoll is bringing a civil case against Prof Bundred to cover the extensive medical bills arising from his injuries and the expense of his ongoing rehabilitation, in addition to other costs such as loss of earnings.

Prof Bundred has always maintained that Mr O’Driscoll was partially to blame for the accident.

Carrwood Road in Wilmslow, Manchester, above, where David O’Driscoll was struck by a car driven by leading cancer specialist Prof Nigel Bundred.

However last month the High Court in Manchester has ruled that Prof Bundred did not prove that Mr O’Driscoll was guilty of contributory negligence and that there will be judgment for the Midleton man for one hundred per cent of the value of the claim.

The judge ruled the lighting was typical for a residential suburban street, and that almost four seconds had passed between Mr O’Driscoll leaving the kerb to cross the street and the collision, despite Prof Bundred’s statement to police in which he said that Mr O’Driscoll “suddenly stepped out in front of me”.

In his written judgment, High Court Judge Craig Sephton QC said: “I found Professor Bundred to be rather defensive when he gave evidence. I thought that he tended to argue his case from the witness box, rather than simply answer the questions that were put to him to the best of his ability.

“I am quite sure that Professor Bundred did not deliberately seek to mislead the court but there were, regrettably, several points at which I found his evidence to be unreliable,” Judge Sephton said.

Speaking to the Irish Examiner following the verdict, Mr O’Driscoll said:

"It is a great relief to know that a High Court judge has examined the circumstances in great detail and has ruled that the crash was not my fault, which means that my family's suffering is not my fault."