A young man who suffered injuries when run over by a car in Bray, Co Wicklow, which failed to remain at the scene, has settled his High Court action.
Because the driver of the car was not identified, Anthony Driver (25), from Enniskerry, Co Wicklow, sued the Motor Insurers Bureau of Ireland (MIBI) as a result of the incident near the junction of Sidmonton Avenue and Meath Road in Bray in the early hours of November 2nd, 2012.
Mr Driver said he was on his way to meet a friend to get a lift home to Enniskerry and had no clear memory of what happened, but recalled grabbing onto the undercarriage of the car, which he believed was a Mercedes.
He remembered kicking the side of the car with his foot and the left wheel going over him. The car pulled in, the interior light was switched on and the car drove away before he collapsed near some red brick houses, he said.
Intensive care
He spent nine days in hospital, including four in intensive care, and continued to experience pain and difficulties with eating and normal bodily functions after he returned home, he said.
Mr Driver suffered various internal injuries, fractures of the rib and spine and lacerations of the liver, but had “miraculously” proceeded to an uneventful recovery after conservative medical treatment and with medication, his counsel Declan Doyle SC said.
He still experiences some back pain but is optimistic for the future and has just started a new job, the court heard.
The MIBI had fully defended the claim and pleaded contributory negligence on the part of Mr Driver.
‘Grossly intoxicated’
Its counsel, Fergus O’Hagan SC suggested the young man was “grossly intoxicated” at the time of the incident and a garda found him lying in the middle of the road.
Mr Driver accepted he was intoxicated, having earlier drunk up to six pints of lager and a number of shots, but denied he was grossly intoxicated and said he was unable to talk because he was in so much pain.
He said he may have rolled into the road in an effort to draw attention of passersby to his injuries.
After the case opened and cross-examination of Mr Driver had begun, talks began between the sides during the lunch adjournment.
The president of the High Court, Mr Justice Nicholas Kearns, was told after lunch by Mr Doyle the case had settled and could be struck out with orders for Circuit Court costs, including costs of discovery, reserved costs, a certificate for senior counsel, and to reflect 75 per cent negligence by the plaintiff and 25 per cent by the defence.
