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Wednesday 15 August 2018

Young man struck by 'out of control' quad when visiting farm settles case in High Court

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Stock photo

A young man who fractured his skull when he was 12 after he was hit by a quad bike while visiting a farm has settled his High Court action for €125,000.

Eoghan Gaffney (now 17) had suffered a very nasty injury when he was stuck by a quad bike being driven by somebody who "had more bravado than sense and who was playing chicken," Mr Justice Kevin Cross said.

The boy was hit by the quad when it went out of control. He was thrown in the air before falling to the ground and striking his head.

His counsel Conor Bowman said the boy suffered a traumatic brain injury and after the accident he had to have a craniotomy. 

For two years after the accident, he suffered from headaches. 

He also has a significant scar on the side of his head and had stopped playing sports after the accident, counsel said.

Eoghan, of The Lyons, Beaufort Place, Navan, Co Meath, through his mother Deborah Gaffney, sued farmer Paul Morrin over the accident at his farm at Johnstown House, Dunshaughlin, Co Meath.

He also sued the driver of the quad bike, farmer worker, Patrick Finnegan of Ardmulahan, Navan , Co Meath, and two companies which provides farm relief services, FRS Network Developments Ltd and FRS Network Amalgamated Cooperative Societies Ltd, both with offices at Derryvale, Roscrea, Co Tipperary.  Mr Finnegan was employed by FRS as a farm relief worker.

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The accident occurred on on August 17, 2012. 

It was claimed the quad bike had been driven dangerously and at excessive speed. It was further claimed there was a failure to protect the boy from injury and harm while a visitor on the farm.

Liability was admitted in the case.

Approving the settlement, Mr Justice Cross said it was a reasonable sum. 

He wished Eoghan- who told the court is studying for his Leaving Cert and hopes to go to college - every success for the future.

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