independent

Friday 18 April 2014

€800,000 for teen injured in road accident

A 13-year-old boy injured when he was knocked down at a temporary road crossing has been awarded more than €800,000 against a local council by the High Court.

Ms Justice Mary Irvine found Dublin South County Council 100pc liable for the accident, which left Brandon Dargen Burgess, now 16, with a head injury and fractures to his arms and legs.

Brandon was across two lanes of traffic on the Tallaght Bypass when he was struck by a car at the Killinarden Way junction on November 8, 2008.

Awarding a total of €826,818, Ms Justice Irvine said she was satisfied that the local authority was grossly negligent in the mismanagement of the junction. The setting up of a temporary crossing made it extremely difficult for pedestrians to access the signal box. She said this was a 13-year-old boy and she was satisfied that he might reasonably conclude it was not operational.

The negligence of the local authority, she said, was compounded by one of its employees in the driving of a council truck at the junction.

Brandon, of Ard More Court, Brookville, Tallaght, Dublin, sued through his mother Linda Burgess, the driver of the car James Mulholland, of Ballinteer Park, Dundrum, Dublin, and South Dublin County Council.

Mr Mulholland denied negligence and said the boy had stepped out without warning. The council denied negligence and contended Brandon failed to take adequate care for his own safety.

Ms Justice Irvine said it would be exceptionally harsh to find liability in relation to the driver. She ruled there was no contributory negligence on behalf of the boy.

The judge allowed an application by council for a stay on the award, pending appeal, providing €400,000 was paid into court.

Irish Independent

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