Wednesday 25 April 2018

€6.5m awarded to plasterer who suffered brain damage in road crash

Jimmy Kavanagh, brother of Alan Kavanagh
Jimmy Kavanagh, brother of Alan Kavanagh
Loretta Power, partner of Alan Kavanagh of New Ross, Co. Wexford

Tim Healy

A MAN who suffered serious head injuries in a traffic accident has settled his High Court damages action for €6.5million.

Alan Kavanagh was driving with his young daughter over eight years ago when he was involved in a head on collision with a van outside New Ross, Co Wexford.

The 29-year old plasterer suffered severe brain injuries, while his daughter only sustained a broken finger in the crash on November 9, 2004

Ms Justice Mary Irvine approved the €6.5million settlement of Mr Kavanagh's case which was before the court for assessment of damages only.

Mr Kavanagh (now aged 38) of Ballycullane, New Ross, sued the driver of the van, Liam Toohey, Coolagh, Ballinaclough, Nenagh, Co Tipperary, and the van owner, John Heffernan a haulage contractor from Gortland Row, Nenagh.

Senior Counsel John Fitzgerald said as well as the severe brain injury, Mr Kavanagh suffered multiple fractures and has been left a quadriplegic.  He cannot feed himself and is totally dependant on others for nursing care.

Counsel said Kavanagh currently resides in a nursing home for the elderly, which was not a suitable environment as regards his age and injuries.

Mr Fitzgerald  said it was a very sad case and Mr Kavanagh was now in an extremely bad situation of health and needs to be protected for the rest of his life.

He said Mr Kavanagh's daughter, Chloe, who is now 12 years old, suffered a small injury in the accident. Mr Kavanagh's partner, Loretto  Power, Chloe's mother, said she was happy with the settlement.

Ms Justice Mary Irvine said it was an excellent settlement  and she had no hesitation approving it. The judge said it gave Mr Kavanagh the best chance as to his future needs.

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