The High Court approved a €3 million settlement yesterday for a man who was brain damaged in a traffic accident.
Mr Andrew Sweeney (33), a builder's labourer of Roches Heights, Mitchelstown, Co Cork, had sued Mr David Murray, a lorry driver from Cork Road, Dunmanway, and the owner of the lorry, Henry McCarthy & Co Ltd, with registered offices at Adhada, Rostellan, Midleton, Co Cork.
Mr Sweeney (33) was a passenger in a car driven by Mr Richard O'Farrell - a builder of Georges Street, Mitchelstown, Co Cork - when it collided with a lorry owned by McCarthy & Co being driven by Mr Murray. The accident occurred on October 26th, 2001, near Corracunna Cross, Mitchelstown, Co Cork.
It was alleged, in defence, that Mr Sweeney was guilty of contributory negligence by failing to wear a seat belt.
Dr John O'Mahony SC, for Mr Sweeney, said his client was rendered unconscious in the accident, and taken by ambulance to Cork University Hospital with serious head and other injuries. He underwent a number of operations.
He later underwent rehabilitation with speech and language therapy and physiotherapy. He did not remember any of the events during the weeks before the accident, and had a vague recollection of his work before the accident.
He remained severely disabled and remains unable to walk unaided. He has impairment of memory and concentration, and would remain disabled and unable to work.
Mr Sweeney had a personality change, could not control his temper and was unable to manage his affairs.
Mr Justice Johnson said Mr Sweeney could not manage his affairs, could not drive and basically was unable to work. The judge was told an application would be made later for Mr Sweeney to be made a ward of court.