Children injured during Circuit of Kerry rally settle cases for €325,000
High Court reporters
A toddler was "extremely lucky" he was not strapped into his buggy when a car on the Circuit of Kerry rally went out of control and through a protective barrier and threw the buggy up against a wall, the High Court has heard.
Jamie O’Brien was watching the motor rally along with his parents and his sister at a church car park at Ballymacelligott when the accident happened 10 years ago.
He ended up covered in blood with lacerations to his face and head.
In the High Court on Thursday, four members of the O’Brien family, of Tralee, Co Kerry, settled High Court actions over the incident.
Their counsel, Padraig McCartan SC, told the court Jamie, who is now 12 years old, was extremely lucky he was not strapped in the buggy at the time of the accident on April 19th, 2015.
Mr McCartan said the boy had been left with scars on his head and over his eyebrow. The boy settled his legal action for €75,000.
Jamie’s sister, Megan (17), who was 7 years old at the time, was also injured and had to be airlifted to hospital. He said the little girl was standing holding her father’s hand when the car struck her and drove her back into the corner of the car park wall.
Mr McCartan said Mr and Mrs O’Brien thought their daughter was dead and she had multiple injuries and was airlifted to Cork University Hospital.
Megan was in the intensive care unit of the hospital and had to have four different surgeries. Her injuries included a large degloving injury to her ankle along with leg and rib fractures and knee and shoulder injuries. Mr McCartan said the girl was in hospital for about a month. Megan made a full recovery and settled her action for €250,000.
Jamie and Megan, along with their parents Olivia and Alan O’Brien, of Tralee, Co Kerry, sued the driver of the car David Murphy, of Coole West, Athea, Co Limerick; Tralee Autosports Co Ltd, trading as Kerry Motor Club, with registered offices at Knockmoyle, Tralee; Motorsport Ireland, with offices at Dawson Street, Dublin; and Kerry County Council.
Mr Justice Paul Coffey was told the actions brought by Mr and Mrs O’Brien had been settled and could be struck out. The terms of the settlement are confidential.
In the proceedings it was claimed there was a failure to ensure that adequate safety mechanisms were in place on the circuit rally route that would prevent injury to the spectators.
It was further claimed there was a failure to assess the adequacy of the position of the barriers and their distance from the route to ensure that any spectators watching from behind the barriers would be safe from danger.
The family further alleged there was a failure to ensure the event was adequately marshalled.
There was also an alleged failure to prepare or implement any or any adequate safety plan.
All of the claims were denied and it was denied that the car was being driven otherwise that in a manner that would have been expected at or as part of the preparation of a stage of a motor rally event on a closed road.
Noting the adult settlements, Mr Justice Coffey also approved the €75,000 and €250,000 settlements for Jamie and Megan and said they were fair and reasonable. He wished the family well for the future.
