Thursday 8 December 2016

Boy who suffered severe traumatic brain injury after he was struck by car awarded €5m

Tim Healy

Published 26/07/2016 | 16:28

High Court (Stock photo)
High Court (Stock photo)

A BOY who suffered a severe traumatic brain injury when he was struck by a car after he ran out on to a road eight years ago has settled his High Court action for €5million.

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Ryan Bastin was five when he was visiting the home of his grandparents outside Mitchelstown, Co Cork, when he ran out on the road intending to follow his father, brother and sister who were looking at cows in a field, the court heard.

But the mirror on the driver's side of the car, which was travelling within the speed limit, struck the little boy on the head fracturing his skull.

Dr John O'Mahony SC, for Ryan told the court the boy, now 13, suffered an extremely serious injury  when he was struck by the mirror.

Counsel said the reality was the driver, who was travelling in the direction out of Mitchelstown, had 1.75 seconds to do anything.

The driver said she heard a thud and did not see the boy at all, counsel said.

Mr Justice Kevin Cross was told that Ryan, who celebrated his 13th birthday Tuesday (July 26) has been left intellectually impaired as a result of the accident.

Ryan, who lives in Brussels, Belgium, through his father Christian Bastin, sued the driver, Hannah Murray, Lisfuncheon , Ballyporeen, Co Tipperary. 

The accident occurred  on August 13, 2008 when his family were on a summer holiday with the grandparents.

It was claimed there was an alleged failure by Ms Murray to keep any proper lookout and to see the boy as he crossed the road.

The claims were denied.

The boy immediately after the accident stood up and started to cry and vomited. During his transfer to Cork University Hospital he lost consciousness.

He suffered an extensive skull fracture and spent a prolonged period in intensive care and also had to have a number of operations.

After his return to Brussels, he underwent treatment at a rehabilitation hospital there.

The court heard that before the accident, Ryan's father went with an older brother and younger sister to look at cattle grazing in a field. Ryan stayed at home but then decided to follow.

Ryan's mother, Sinead Mullins, said her son now has difficulties with language and needs a lot of assistance, but he is an active boy who loves horse riding.

Approving the settlement Mr Justice Kevin Cross  said he determined the case as 60 per cent liability against the driver.

The judge wished the boy and his family all the best and wished him luck with the horse riding.

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