Man who suffered catastrophic injuries when scrambler bike landed on him settles action for €5.2m

Man and his wife were sunbathing in a Dublin park when a scrambler bike came over a hill and collided with the couple

Ilabek Avetian suffered a severe brain injury, fractures, and lost an eye in the accident at Darndale Park, Coolock, on June 9, 2018. Picture: Olivia Lynott

A man who suffered catastrophic injuries when a scrambler motorbike landed on him as he was sunbathing with his wife in a Dublin City park has settled a High Court action for €5.2m.

Ilabek Avetian was only 39 years of age and had just moved to Ireland from Lithuania to begin a new life when the scrambler motorbike came over a hill and collided with the couple.

Mr Avetian suffered a severe brain injury, fractures, and lost an eye in the accident at Darndale Park, Coolock, on June 9, 2018.

His counsel, Jonathan Kilfeather SC, instructed by Hennessy Perrozzi solicitors, told the court Mr Avetian had gone from being in a comatose state to having a limited ability to communicate.

"While he cannot live an independent life, he can now enjoy some quality of life as opposed to no quality of life. Two months after the accident, it was thought he would be in a vegetative state for the rest of his life. He has made great strides, which is due to the care by doctors and his wife," counsel said.

Outside court, Anzhela Kotsinian said her husband since the accident seven years ago has been cared for in hospital and a nursing home.

Ms Kotsinian, who wept in court as the settlement of her own case and that of her husband were announced, said she now hoped she could provide care for her husband at home.

"The next stage begins where my husband will need a lot of care and treatment," she said.

The couple had sued the Motor Insurer’s Bureau of Ireland (MIBI) and Dublin City Council. The driver and owner of the scrambler motorbike were later joined as co-defendants and judgement was secured against them in default of appearance. The MIBI was in the case as there was no insurance in place for the motorbike driver.

Counsel told the court the issue between the MIBI and Dublin City Council had been resolved and the case against the council could be struck out. The settlement of Mr Avetian’s case and costs are against the MIBI.

Ms Justice Leonie Reynolds praised the legal teams for reaching a settlement in such a complex case and said it was clear the proceedings, which involved complex legal issues, could have been bogged down in the system for years to come. She said the settlement was a good outcome in all the circumstances.

The judge said it was a tragic set of circumstances and the consequences for the couple were "absolutely devastating". 

"No money is ever going to compensate them but I hope that it will now provide care for both of them," the judge added.

In an interview with the Irish Examiner in the months following the accident, Ms Kotsinian said their world had fallen apart.

“We came to Ireland, from Lithuania, to begin a new life. We wanted to have a child, to buy a home in Ireland, we were discussing our plans that day. We decided to lie down in the park, as it was a warm, sunny day,” she said. 

They had only been lying down 10 minutes when the motorbike ran over them.

“I didn’t understand what had happened. I suddenly heard a motorbike and then it ran over us and over my pelvis.

“I immediately thought of my husband. He had his head on my legs and I couldn’t hear a sound from him.

“I was in so much shock, I can't describe it in words, I just cried and shouted ‘help help help’."

She said they had both before the accident decided to stay in Ireland. “We decided this country loves us, we love this country and we’ll stay here, buy a home, make a life, have children. We had a lot of plans," she added.