Toddler was lucky not to be strapped into his buggy at Kerry rally accident, court told

Two children injured during the Circuit of Kerry rally accident have settled their cases for a total of €325,000

The High Court heard that the parents thought their daughter was dead. File picture

A toddler was extremely lucky he was not strapped into his buggy when a car on the Circuit of Kerry rally went out of control, through a protective barrier and threw the buggy up against a wall, the High Court has heard.

Jamie O’Brien was watching the motor rally along with his parents and his sister at a church car park at Ballymacelligott when the accident happened 10 years ago. He ended up covered in blood with lacerations to his face and head.

In the High Court on Thursday, the four members of the O’Brien family of Tralee, Co Kerry, settled High Court actions over the incident.

Their counsel, Padraig McCartan SC, told the court Jamie who is now 12 years old was extremely lucky he wasn’t strapped in the buggy at the time of the accident on April 19, 2015. He said the boy has been left with scars on his head and over his eyebrow. The boy settled his legal action for €75,000.

Jamie’s sister Megan, who is now aged 17, was seven years old at the time and was also injured and had to be airlifted to hospital. He said the little girl was standing holding her father’s hand when the car struck her and drove her back into the corner of the car park wall.

Counsel said that Mr and Mrs O’Brien thought their daughter was dead and she had multiple injuries and was airlifted to Cork University Hospital. She was in ICU and had to have four different surgeries.

Her injuries included a large degloving injury to her ankle along with leg and rib fractures and knee and shoulder injuries. Counsel said the girl was in hospital for about a month. Megan, who counsel said had now made a full recovery, settled her action for €250,000.

Jamie and Megan along with the their parents Olivia and Alan O’Brien of Tralee, Co Kerry, had sued the driver of the car David Murphy of Coole West, Athea, Co Limerick, along with Tralee Autosports Co Ltd trading as Kerry Motor Club with registered offices at Knockmoyle, Tralee, and Motorsport Ireland with offices at Dawson Street, Dublin, and Kerry County Council.

Mr Justice Paul Coffey was told that the actions brought by Mr and Mrs O’Brien had been settled and could be struck out. The terms of the settlement are confidential.

O’Brien family claims

In the proceedings, it was claimed there was an alleged failure to ensure that adequate safety mechanisms were in place on the circuit rally route and were such that would prevent injury to the spectators. It was further claimed there was an alleged failure to satisfactorily assess the adequacy of the position of the barriers and their distance from the route so as to ensure that any spectators watching from behind those barriers would be safe from danger.

It was further contended there was an alleged failure to ensure the event was adequately marshalled. There was also, it was claimed an alleged failure to prepare or implement any or any adequate safety plan.

All of the claims were denied and it was denied that the car was being driven otherwise that in a manner that would have been expected at or as part of the preparation of a stage of a motor rally event on a closed road..

Noting the adult settlements, Mr Justice Coffey also approved the €75,000 and €250,000 settlements for Jamie and Megan and said they were fair and reasonable. He wished the family well for the future.