Wednesday 21 February 2018

Crash victim gets €6.5m settlement

Tim Healy

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

Alan Kavanagh was driving with his young daughter more than 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, Chloe, only sustained a broken finger in the crash on November 9, 2004.

Yesterday, Ms Justice Mary Irvine approved the €6.5m settlement of Mr Kavanagh's case which was before the High Court for assessment of damages only.

Mr Kavanagh (38), of St Martin's Park, Ballycullane, New Ross, sued – through his brother Sean Kavanagh – the driver of the van, Liam Toohey, of 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.

Mr Fitzgerald said he currently resides in a nursing home for the elderly which was not a suitable environment as regards his age and injuries.

Mr Kavanagh's partner, Loretta Power, Chloe's mother, said she was happy with the settlement.

Ms Justice Irvine said it was an excellent settlement and she had no hesitation approving it.

Irish Independent

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