Limerick cash-in-transit driver who suffered brain injury in crash settles action for €1.9m

It was alleged complainant had pre-existing issues, including losing consciousness during driving, and if his employer had regular medical assessments it would have been determined he was not fit to drive

Court heard complainant had previously had nine separate road traffic accidents and colleagues were nervous going in the van with him.

A cash-in-transit driver who suffered a traumatic brain injury when his van crashed into a ditch in Co Kerry has settled a High Court action for €1.9m.

Anthony Bourke, from Limerick, was at the time working for G4S Cash Solutions Ireland Ltd as a driver of an armoured security vehicle.

The van crashed into a field about 3kms outside Tarbert on May 11, 2018. Mr Bourke was trapped in the van and he had to be cut out of the wreckage and was airlifted to hospital.

The settlement against his former employer, which was reached after mediation, is based on a 50/50 liability and causation basis.

Mr Bourke’s counsel, Henry Downing SC instructed by MHP Sellors solicitors, told the court it was their case that Mr Bourke had pre-existing issues, including losing consciousness during driving, and if his employer had regular medical assessments it would have been determined he was not fit to drive.

He said an expert on their side would say Mr Bourke may have suffered a medical event such as a seizure when driving, which caused the van to go off the road and he struck his head in the accident. The company denied all the claims and contended the accident was down to driver error.

Counsel said Mr Bourke had no memory of the accident and there were no independent witnesses to the accident.

Counsel said Mr Bourke had previously had nine separate road traffic accidents and colleagues were nervous going in the van with him.

He had episodes of losing consciousness while driving including in June 2009, when he lost consciousness while making a delivery. He was certified unfit to drive for one year by a doctor, and returned to his job as a driver in December 2010. 

Counsel said it was their case no medical assessment were carried out by the company on Mr Bourke’s fitness to drive from 2010.

Counsel said Mr Bourke’s previous accidents should have triggered the need for medical assessments in relation to Mr Bourke’s driving. Counsel said had it happened, it was their case Mr Bourke would not have been driving on the day of the accident.

Anthony Bourke, 66, of Limerick City, had through his niece Sinéad Stapleton sued G4s Cash Solutions Ireland Ltd, with registered offices at Bluebell Industrial Estate, Bluebell Avenue, Dublin. Mr Bourke currently resides in a nursing home.

In the proceedings, it was claimed Mr Bourke had allegedly been permitted to drive in circumstances where he had previously lost consciousness or fainted while driving company vehicles in the course of his employment.

It was further claimed he had allegedly been allowed to drive company vehicles, allegedly risking injury to himself and other road users.

It was also claimed that there was an alleged failure to ensure Mr Bourke had regular medical assessments having regard to his underlying medical condition, including a history of stroke and loss of consciousness.

Claims denied

All of the claims were denied and the company contended Mr Bourke had allegedly failed to steer, slow down, stop, brake, or otherwise, in an effort to control the vehicle.

Approving the settlement, Mr Justice Paul Coffey noted that because Mr Bourke had no memory of the accident, it could not be established what actually happened, and there was no guarantee his case would succeed if it went to trial. The judge said it was a fair and reasonable settlement and wished Mr Bourke well.

Outside court, Mr Bourke’s niece, Sinéad Stapleton, said her uncle’s life had changed in an instant.

“Since the accident, our family has faced significant challenges accessing appropriate neurorehabilitation services outside of the National Rehabilitation Hospital.

“Tony’s needs are complex, yet too often he fell between services — too complex for some supports but not qualifying for others. That reflects a wider gap in regional neuro-rehab care. Long-term accommodation options for people living with acquired brain injury, outside of nursing homes, are extremely limited. Unfortunately, we cannot undo the past” she said.

She added: “This mediated settlement will now secure the care and accommodation Tony needs to live with dignity and stability in the years ahead.”