Child who suffered brain injury when knocked down by neighbour's car settles action for €1.5m

High Court Reporters

A boy who it was claimed suffered a brain injury when he was knocked down by a neighbour’s car in a housing estate has settled his High Court action for €1.5 million.

The boy’s mother told the High Court that the settlement brought an end to a six-year battle, which she said had brought her family “to its knees.”

She said, “With no supports over the past six years and more and more battles”, it has had a devastating impact on the entire family.

"We’ve had to battle a broken legal system, an outdated and unchanging education system, and a health system that seems so confused about its own roles that it leaves families like ours with no hope”, she told Mr Justice Paul Coffey.

The mother who thanked the judge for allowing her voice to be heard said she has had “to fill all the gaps left by broken systems”, and it is soul-destroying.

“Today, I will continue to rebuild our lives. My ongoing battling of systems has been reduced, but it doesn't end. It's an ongoing grief and loss of who and what we were as a family,” she added.

Her Counsel Liam Reidy SC instructed by McMahon Goldrick solicitors, told the court that the boy, when he was almost five years of age in 2019, was thought to have gone to a neighbour’s house.

“The neighbour came holding the child in his arms. He had suffered injuries to the head and abdomen. There were no witnesses to the accident, but the boy’s two shoes were found on the driveway of the neighbour’s house,” Counsel told the court.

Counsel said the neighbour had asserted that he did not see the child because the boy allegedly came out from behind a wheelie bin.

The boy was later discovered to have an acquired brain injury.

The child cannot be identified by order of the court. The settlement is without an admission of liability.

The boy’s mother told the court that while she was “grateful for this token of support” for her son, “ the reality is that this battle will continue for the rest of our lives — constantly challenging our mental health and our resilience.”

She said the accident had impacted on her son’s life, and the lives of everyone who loves him.

“He is a real character — kind, sensitive, and polite. He’s determined not to let his brain injury stop him from living his life. But like anyone fighting a battle this big, sometimes it gets too much,” she said.

She told the judge they had lost the little boy her son used to be.

“He was easy-going, bright, sociable, happy and full of joy. He loved being out with his friends — and then suddenly, that was all gone. The first year was filled with severe headaches and giving his liver time to heal,” she said.

In the proceedings against the neighbour, the now 11-year-old boy suing through his mother claimed there was an alleged failure to keep a proper lookout and an alleged failure to have regard to the residential area where children would regularly be about.

It was also claimed that there was an alleged failure to make sure the way was clear before crossing the public footpath and into the driveway.

All of the claims were denied.