A boy who suffered a brain injury after his mother was thrown from a car, driven by an uninsured driver, when she was on the way to have a final pregnancy scan has been awarded €7.5 million.
Cian Hammel had to be delivered by emergency Caesarean section in hospital after his 17-year old mother was thrown from the seven-seater vehicle, in which she was travelling as a rear-seat passenger, the High Court heard.
The road crash occurred on February 3rd, 2009, near Manhanagh Screen, Co Wexford, after the vehicle overtook another car, went out of control and ended up overturned in a field.
Mr Justice Kevin Cross was told the young mother had been on her way to hospital for a final scan a few days before her due date.
Cian, now aged eight, of Ford Court, Kilmuckridge, Co Wexford, had, through his grandmother Ann Hammel, sued the driver of the seven-seater vehicle, Simon Jordan, Monaseed, High Fort, Gorey, and the Motor Insurers Bureau of Ireland (MIBI) as a result of the accident.
Out of control
It was claimed the vehicle, driven by Mr Jordan, went out of control and turned over, causing Cian’s mother Roisin to be thrown from it. It was further claimed Mr Jordan had overtaken another vehicle when it was not safe to do so and and was allegedly driving at a speed which was in all the circumstances, including the weather conditions, excessive.
The claims were denied.
Rosario Boyle SC, for Cian, said Roisin Hammel, who was studying for her Leaving Cert at the time, had accepted a lift to attend her final scan.
Counsel said Ms Hammel was not wearing a seat belt but the MIBI had later accepted and acknowledged, had Ms Hammel been wearing a seatbelt, the outcome for her baby would not have been better.
Turned over
Counsel said it was minus 1 degrees Celsius and, after the driver overtook another car, his vehicle went into a field and turned over.
She said Ms Hammel’s waters broke and she had to have an emergency Caesarean section in hospital due to foetal distress.
The young mother was told to expect the worst, counsel said. When Cian was born he had to be resuscitated and suffered multi-organ failure. The boy now has difficulty walking, is unsteady on his feet and also has difficulties with language.
Approving the settlement, Mr Justice Cross said it was a fair and reasonable settlement and he hoped it will provide for Cian’s needs for the future. He wished the family well.
