The owner of a taxi business who sustained serious brain injuries after a large tree fell and crushed the school minibus he was driving has secured €1.25 million damages.
At the High Court today, Mr Justice John Quirke awarded the sum to John McKenna, who requires permanent care as a result of injuries suffered when the tree struck the minibus containing himself and seven secondary school children. The vehicle was crushed and its occupants trapped for a time.
The incident took place at Dundalk Road, Castleblayney, Co Monaghan on February 20th, 2002. Mr McKenna claimed Monaghan County Council negligently failed to inspect and monitor the tree and have it removed.
Mr McKenna (49) of St Matthews Estate, Keady, Co Armagh, sued the council, who admitted negligence and breach of duty of care. The case was before the court for assessment of damages only.
Mr Justice Quirke said he was fully satisfied on the evidence to award Mr McKenna a total of €1.254 million for general damages, pain and suffering, and for past and future loss of earnings. An application will be made to have Mr McKenna made a ward of court.
The judge said Mr McKenna, who had taken over his father in law's taxi business just before the accident, has suffered dreadful "pain and misery" as a result of the injuries and will require treatment and care for the rest of his life.
He fully accepted expert medical evidence given on behalf of Mr McKenna that he had suffered extensive injuries, including bruising to the right frontal lobe of his brain. Mr McKenna suffered epileptic seizures, memory problems, poor attention span and requires a cocktail of medication to deal with his ongoing physical pain, the judge noted.
Prior to the incident, Mr McKenna was a keen angler, kept greyhounds and took a keen interest in his children's sporting activities, he also noted.
Due to his injuries, Mr McKenna was left frustrated as he was no longer able to do many of the things he had previously enjoyed and could not get a license to allow him continue on the taxi business. It was unlikely he would be able to return to work.