Brain injured driver in damages action

A young nursing student has been left with a severe brain injury after his car was struck head-on by another car being driven…

A young nursing student has been left with a severe brain injury after his car was struck head-on by another car being driven on the wrong side of the road.

Its driver was a young man who was racing in convoy and playing a game of "catch up", the High Court heard yesterday.

Before the collision six years ago, Anthony Cunningham (then 25), Clonmel, Co Tipperary, had a promising future as a psychiatric nurse, a girlfriend with whom he planned to settled down and "everything to look forward to", Liam Reidy SC said. However, that had all changed.

The accident occurred on March 4th, 2001, when Mr Cunningham, with some friends, was driving back to Limerick where he was studying, the court was told.

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A car driven by Steve Quigley from the Limerick direction struck Mr Cunningham's car head-on at Ballysimon Road, Co Limerick.

Quigley, Thurles, Co Tipperary, who has admitted liability, had been in Limerick earlier with his girlfriend and was driving in convoy with another car, racing and playing a game of "catch up".

Quigley had moved to overtake another vehicle and he hit Mr Cunningham's car.

Mr Cunningham was brought to the Midwestern Regional Hospital with head, neck and ankle injuries and was on artificial ventilation in intensive care for about two weeks.

In October 2002, a MRI scan showed a wasting of brain tissue. Mr Cunningham had been left with a serious brain injury.

Now 31, Mr Reidy continued, he had mobility and cognitive problems, was living with his elderly parents who were caring for him, would probably never work again, and his relationship with his girlfriend, whom he had hoped to marry, had ended about two years after the accident. He had problems with his ankle, his eyes and experienced mood changes.

He would need assistance to be able to live independently and would require care. He was no longer able to do any of the things he had enjoyed before the accident, including music, golf and soccer, and he had lost contact with his friends.

Mr Reidy was opening the action by Mr Cunningham against Quigley and his father, Thomas Quigley, the owner of the car. Liability has been admitted and the case is proceeding as an assessment of damages.

Margaret Cunningham (73), said Anthony was the youngest of her 10 children. Before the accident he was bright and ambitious and was "a party animal". He had been a hospital porter for six years and wanted to be a nurse so began his training. He would still love to be a nurse "but never now".

When he came home from hospital, he was in a wheelchair and "totally an invalid", Mrs Cunningham said. His personality had changed, he could be very aggressive, hurtful and angry. When he saw others doing things he used to enjoy, he would say: "I wish ..." with deep meaning in his voice.

The case continues before Mr Justice Paul Butler.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times