A man left quadriplegic and with severe brain injuries following a road traffic crash has secured €6.5 million in settlement of his High Court action.
Alan Kavanagh was driving a car in which his young daughter was a passenger when it was involved in a head-on collision with a van outside New Ross, Co Wexford, on November 9th, 2004.
The then 29-year-old plasterer suffered severe brain injuries while his daughter Chloe, now aged 12, sustained a broken finger.
Ms Justice Mary Irvine yesterday approved a €6.5 million settlement of Mr Kavanagh’s case which was before her for assessment of damages only.
Through his brother Seán, Mr Kavanagh, Ballycullane, New Ross, Co Wexford, sued the van driver, Liam Toohey, Coolagh, Nenagh, Co Tipperary, and the van owner, John Heffernan, a haulage contractor, Gortland Row, Nenagh.
John Fitzgerald SC, for Mr Kavanagh, said his client had suffered a severe brain injury and multiple fractures and had been left quadriplegic. He could not feed himself and was totally dependent on others for nursing care, he said.
Unsuitable environment
Mr Fitzgerald added that Mr Kavanagh was living in a nursing home for the elderly which was not a suitable environment given his age and injuries. It was a very sad case and he needed to be protected for the rest of his life.
Mr Kavanagh’s partner and Chloe’s mother, Loretto Power, said she was happy with the settlement. Ms Justice Irvine said she had no hesitation approving it as it gave Mr Kavanagh the best chance as to his future needs.