Tuesday 21 January 2020

Schoolboy who was knocked off his bike settles case for €20,500

Mother: Karen Cotter, who sued on behalf of her son William. Photo: Collins
Mother: Karen Cotter, who sued on behalf of her son William. Photo: Collins

Tim Healy

A schoolboy who fractured the base of his skull when he was knocked off his bike has settled his High Court action for €20,500.

The then eight-year-old emerged from behind a parked car and was hit by a van, the court heard.

William Parsons (14), of Chesterfield Close, Birr, Co Offaly, through his mother Karen Cotter, sued over the accident outside a service station on Banagher Road, Birr, on September 14, 2013.

He sued the driver of the van, David Cox, of Cuba Avenue, Banagher, Co Offaly, and the van owner, Niall O'Shea, of Carrowkeel, Clonfanlough, Athlone, Co Westmeath.

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Speaking directly to the boy, Mr Justice Kevin Cross said: "I hope, William, it has been a lesson to you and you will be more careful as you grow older."

It was claimed there was a failure to take reasonable care to protect him from the risk of personal injury and a failure to provide any, or any adequate, warning to the boy.

It was further claimed the van was driven without due care and attention. The claims were denied.

David Kennedy SC, for the boy, said he had emerged on his bicycle from behind a parked car.

He suffered a fracture to the base of the skull.

He lost consciousnesses for a period, was transferred to Beaumont Hospital, Dublin, and kept in for two days.

He also had to stay off school for a number of weeks.

He had cycled up the road with his friend to buy something in the service station and the accident happened as he left, he said.

Approving the settlement yesterday, Mr Justice Cross said it seemed as if the case may not succeed if it went to trial.

He said it was "an unfortunate incident".

Irish Independent

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