'The future is a deep dark valley' for Cork mother who settles crash case for €14.75m
(Left to right) Norma Redmond Power, mother of Olivia Redmond-O’Callaghan, with stepfather Liam Power leaving the Four Courts in Dublin today. They have stepped in and are regarded as parents by Olivia's three children. Photo: Gareth Chaney/ Collins
A young mother who was catastrophically injured and rendered totally incapacitated when the car driven by her husband collided with a tractor and trailer on a Cork road has settled her action for €14.75 million.
The settlement was announced in the High Court today. Olivia Redmond-O’Callaghan was only 28 years of age and left with massive brain damage and needing 24-hour care for the rest of her life after the accident on the old Glanmire to Cork Road in 2011.
Her Counsel, Dr John O’Mahony SC, at the opening of her legal action said hers is as serious as one can find in brain injury. The woman who gave birth to her third child months after the accident, he said, does not recognise her children and does not recognise photographs of her husband Myles O’Callaghan who died in the accident.
“In all my decades at the Bar I have not seen somebody so profoundly impaired. Her family has lost the love of a mother and daughter never to be restored,” Counsel said.
He added:
Olivia Redmond-O’Callaghan who is now aged 37 from, Gowlane South, Donoughmore, Co. Cork, had sued her late husband’s estate, the Motor Insurers Bureau of Ireland (MIBI) and Cork County Council over the accident.
The settlement, the court heard today, is against the MIBI and Cork County Council.
She took her action through her stepfather Liam Power and the court heard she would not be able to attend court or give evidence. Her mental competency, the court heard, is “at the bottom of the spectrum.”
In court today, Dr John O’Mahony SC with Patrick Keane SC instructed by solicitor John Henchion, said it was an extremely tragic and sad case and Olivia’s brain damage is “off the scale".
“She carried her baby through all the trauma but she never regained awareness of the reality of her environment or home. She doesn’t recognise her children. She has no engagement with anybody,” Counsel said.
Counsel said Olivia’s heroic mother, Norma Redmond Power and stepfather Liam Power have stepped in and these grandparents are regarded as parents by the three O’Callaghan children.
Olivia’s family outside court said the €14.75 million settlement will ensure they can plan for her future care and gives them hope for her further rehabilitation.
“Unfortunately it will never bring our girl back to those of us who still miss her every day,” her mother Norma Redmond Power and her stepfather Liam Power said.
In a statement read by their solicitor, John Henchion, they said they were and continue to be most grateful to all those who helped Olivia and her late husband Myles at the scene of the crash that afternoon of October 4, 2011, and afterwards.
“We also acknowledge the shock that the tractor driver experienced that day and that he did all he could to try and take evasive action,” they said.
The statement added: “The staff at the Cork University Hospital did immense work for both Myles and Olivia. Thankfully the skill of Mr George Kaar and his team together with the many supporting doctors and nurses managed to save Olivia's life and that of her unborn child such that we were able to welcome a new addition to the family some months afterwards.
It further said: “On October 4, 2011, our grandchildren lost their parents; our daughter lost her big sister and brother-in-law and we lost our eldest daughter and son-in-law. At 3.20pm that afternoon the car in which Olivia and Myles were travelling on the old Dublin to Cork road crossed to its incorrect side colliding with a tractor with devastating consequences. Myles succumbed to his injuries some days after the accident while Olivia was left with permanent and catastrophic brain injuries.”
They thanked all those who have cared for Olivia and who had gone way and above the call of duty in their care of her.
At the opening of the case, Dr John O’Mahony SC said it is a case of “most profound sadness“ and the woman who lost her husband in the crash has had the “most appalling repertoire of profoundly serious injuries.”
“Everything that could be done to her skull was done. She has been left in an appalling sad state where she does not recognise her children and has been in institutional care since the accident on October 4, 2011.” he said.
Approving the settlement today, Mr Justice Paul Coffey said it was a most tragic case. He said the offer was very good and the judge conveyed his best wishes to Olivia’s family particularly Daniel who he said did not know his mother and what she was.
Against Cork County Council it was claimed it constructed a public roadway which was allegedly defective and dangerous to road users.
The road, it was claimed, was constructed with a very tight bend with a radius of curvature which was allegedly below the minimum acceptable standard. High vegetation, it was further alleged, was permitted to grow on the embankment of the road which allegedly restricted forward visibility.
There was, it was claimed, an alleged failure to warn Mr O’Callaghan of the sharp left-hand bend. There was also, it is alleged, a failure to erect any or any proper warning signs including rumble strips.
Cork County Council denied all the claims and contended the bend was visible for 210 metres and there was a camber on the bend that it said benefits drivers negotiating it.
The accident, Cork County Council claimed, was caused by the alleged negligence of the late Mr O’Callaghan about the driving, speed, care, management and control of the car in which his wife was a passenger.
The MIBI in its defence claimed Mrs Redmond-O’Callaghan allegedly failed to have any regard for her own safety and permitted herself to be carried in a car for which she allegedly knew there was no valid insurance policy in place.
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