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€100,000 for girl hurt in her mother's womb

A FIVE-year-old girl who allegedly suffered an injury in a road traffic collision while in her mother's womb has settled her High Court action for €100,000.

Abigail Warner's mother was nine weeks' pregnant when a car collided at speed with her car injuring both her and, it was claimed, the baby she was carrying.

The mother's car was a write-off after the accident in which it was claimed the other driver, Derek Moffett, went out of control and struck her car on the driver's side.

Dr John O'Mahony SC, for the family, told the court that Abigail is now in junior infants at school and getting on very well. She has cerebral palsy, unilateral spastic type, on the left side.

The defendant denied all allegations and that there was any connection between the collision and the girl's condition.

Through her mother, Denise Warner, Dunmore Avenue, Killinarden, Tallaght, Dublin, she sued Mr Moffett, Weston Park, Dundrum , Dublin over the collision at The Square, Tallaght, Dublin, on October 15, 2008.

It was claimed Abigail suffered injuries due to the collision. Dr O'Mahony told the court there would have been a difficulty around causation. Mr Justice Kevin Cross said the settlement would provide a nest egg for Abigail as an adult.

Irish Independent