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Saturday 20 September 2014

Elderly woman settles €950k over accident in which she was knocked down by a van

Rose Amy Boughton now requires 24-hour care

Published 16/05/2014 | 17:08

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Carol McCormack, who settled a personal injuries action for damages on behalf of her mother Rose Amy Boughton.

AN 80 year old woman has settled a High Court action for €950,000 over an accident in which she was knocked down by a van.

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Rose Amy Boughton led an active life before the accident but now requires 24-hour care, the court heard.

Mrs Boughton used a walking stick as she went to meet her daughter when the accident happened at North Road, Finglas, Dublin, on December 19, 2012.

Mrs Boughton, McKelvey Avenue, Finglas, through her daughter Carol McCormack, sued Bestsave Ltd of North Road, Finglas, and its employee Joseph Talbot.

Liam Reidy  SC, for Mrs Boughton an her daughter, said the van was exiting a commercial premises and was about to turn left.

Mrs Boughton, counsel said,  had to move out and go around the van and stepped in front of it, but as she did so the van took off.

The driver said he did not see the pensioner.

If the case went  ahead the court would have to assess if there was contributory negligence, counsel said.

In the action, it was claimed there was an alleged failure to observe Mrs Boughton as a pedestrian and a failure to yield right of way to her.

She suffered a significant head injury and was taken to hospital where she remained for almost two months.

Prior the the accident, Mr Reidy said, Mrs Boughton led a full and active life involving daily walks , trips to the shop and once a week a shopping trip to Dublin city centre

Approving the settlement Ms Justice Mary Irvine said she considered contributory negligence would have been 25 per cent if the case had gone ahead.

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