Man injured after being hit by soap box kart settles legal action for €1.55m

A man who suffered a brain injury after he was knocked down by a soap box kart after a race in Co Tipperary has settled a High Court action for €1.55 million.

Retired army private Donal Walsh (64) was stewarding at the Roscrea Soapbox Race in the town six years ago when a kart knocked him to the ground. Mr Walsh’s claims were denied.

His counsel, Patrick Treacy SC, instructed by Cian O’Carroll Solicitors, told the High Court the race where modified unmotorised karts are released from a flatbed trailer down a hill had finished when it “was decided to have one more run”.

Counsel said Mr Walsh, who has compromised eyesight, saw two karts pass him when he was walking up Convent Hill, Roscrea, where the racing had taken place. Then a wheel then came off a kart and crashed into him and knocked him “violently” to the ground where he sustained a significant blow to the head.

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Mr Walsh lost consciousness and was transferred to hospital where it was discovered he had suffered a brain injury.

Mr Walsh, of Roscrea, Co Tipperary, had sued the organisers of the Soap Box Race, Shane Lee and Eoghan Fogarty, also of Roscrea, Co Tipperary and Country Sports Ireland with an address at Kilrea, Coleraine, Northern Ireland, as a result of the accident at the Soap Box Race in Roscrea on September 11th, 2016.

It was claimed Mr Walsh had been permitted to carry out his duties as a steward at the race without receiving the necessary safety training. It was further claimed there was an alleged failure to ensure that appropriate safety precautions were put in place.

There was also an alleged failure to ensure that the soapbox karts that were participating in the race were being driven in a manner and at a speed that had due regard to spectators attending and stewards officiating at the race.

It also contended that there was a failure to ensure that the soap box karts that participated in the race were mechanically functional and properly maintained.

The claims were denied, and it was contended there was alleged contributory negligence on the part of Mr Walsh.

Mr Treacy told the court Mr Walsh suffered a moderate to severe brain injury and has no recollection of the accident.

Approving the settlement, Mr Justice Michael Hanna said it was an excellent settlement and he wished Mr Walsh and his family well.