Man (35) who suffered brain damage after being allegedly hit by car settles case for €6.5m

A 35-year-old man who suffered a traumatic head injury after he was allegedly hit by a car while walking along an unlit road has settled his High Court action for €6.5 million.

Damir Zelenika was walking with colleagues after work when the accident happened at about 5pm on January 9th, 2020, on St Margaret’s Road in Swords, north Dublin.

Mr Justice Paul Coffey was told that liability was fully contested in the case, but it was settled on the basis that Mr Zelenika was one-third responsible.

Mr Zelenika’s counsel, Michael Byrne SC instructed by Tracey Solicitors, told the court the warehouse worker had gone to get a bus with two colleagues after work on the January evening.

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However, the bus was delayed so they walked along the road which had no street lighting or footpath on the road. All three were wearing dark clothing.

Counsel said Mr Zelenika was struck and sustained a head injury. His two colleagues did not sustain significant injuries, he said.

Mr Byrne said the difficulty in the case was proving that the darkly clad Mr Zelenika could be seen as he was walking away from the traffic direction.

The court heard liability was fully contested in the case and there were no independent witnesses.

Damir Zelenika, from Bosnia and Herzegovina, had, through his brother, Nino Zelenika, of Navan Road, Dublin, sued the driver of the car, David Abbott, of Rivermeade Drive, St Margaret’s, Co Dublin, as a result of the accident.

It was claimed that suddenly and without warning a car owned and driven by Mr Abbott collided with Mr Zelenika and he suffered severe personal injuries.

It was claimed the driver allegedly failed to keep a proper lookout and there was an alleged failure to take any effective evasive action or to notice the trio.

All the claims were denied.

Mr Zelenika sustained a severe traumatic head injury and a scan showed an intracranial haemorrhage. He was transferred to Beaumont Hospital where he underwent brain surgery to remove part of his skull for decompression.

Counsel said Mr Zelenika suffered semi-catastrophic injuries and he’s left with cognitive and significant mobility difficulties. He currently lives in a nursing home and his brother Nino was a real support to him, the court heard.

He said the man’s family was happy with the settlement. He said Mr Zelenika wishes to return to Bosnia and Herzegovina to be cared for there.

Approving the settlement, Mr Justice Coffey remarked on the tragedy of the situation, noting Mr Zelenika had come to Ireland filled with hope.