A boy who was knocked down by an electric car which drove out of a parking space in a car park has settled his High Court action for €55,000.
Sean Leahy was aged five when the accident happened in 2016. He was knocked to the ground and fractured his lower leg.
His counsel Sean O Huallachain SC told the court that liability was not at issue in the case.
Sean, now aged eight of St Sampsons Square,Balgriffin, Dublin had, through his father John Leahy, sued the owner of the electric car, Fiona Bonke whose address was given as care of AXA Insurance DAC,Wolfe Tone Street,Dublin.
It was claimed that, as the boy, his mother and siblings crossed the car park at Baldoyle Industrial Estate,Dublin on October 13th 2016, the electric car, suddenly and without warning, engaged and drove across the car park and collided with the child.
The vehicle, it was alleged, shot out from the parking spot and there was no warning as the car was electric and did not make a noise.
Counsel said the electric car “took off” and hit the boy who sustained a fracture to his lower leg. He also suffered a laceration to his head when the car door hit him.
Counsel said the boy was in plaster after the accident and also needed physiotherapy. He wore an orthopaedic boot until January 2017 and immediately after the accident had to use a wheelchair as he was unable to use crutches. He missed school for three weeks.
The boy’s sleep was affected for a time but he now likes to play soccer, counsel said.
Approving the settlement, Mr Justice Kevin Cross said it was a very good settlement and the boy has made a substantial recovery . Had a court awarded more, it was unlikely the Court of Appeal would stand over that, he added.