Brain-injured man, 20, wins massive €9M court settlement

€9m Settlement for Man with Brain Injury from Childhood Accident

A young man who sustained a life-altering brain injury after being knocked down by a car as a five-year-old boy has had a €9 million settlement approved by the High Court. Fintan Smyth, now 20, requires constant supervision and faces significant mobility challenges as a result of the tragic incident which occurred over 14 years ago.

The court heard that on 15 May 2011, a then five-year-old Fintan was struck by a car in Kiltealy, Co Wexford. Representing Mr Smyth, his counsel, Peter Bland SC, described the case as profoundly tragic. He explained that the incident unfolded in “fractions of seconds.” Fintan and another young boy had run across the road. When called back by an adult, the other child stopped and turned around. However, Fintan, who had already reached the other side, attempted to run back across the road and was hit by an oncoming vehicle.

Following the collision, he was rushed to hospital and later transferred to the National Rehabilitation Hospital for intensive treatment. The severity of his injuries, principally a traumatic brain injury, meant he was not able to return to his family home in Ballinamore, Co Leitrim, until November of that year. The court was told that the consequences of that day have been permanent, leaving him with a need for full-time care for the rest of his life.

A Complex Legal Battle

The High Court action was taken on Fintan’s behalf by his father, Declan Smyth, against the driver of the car, Cathy Atkinson of Rosslare Strand, Co Wexford. The plaintiff’s case alleged that the driver had failed to exercise due care and attention, had not observed the young boy on the pedestrian verge in time, and had neglected to moderate her speed appropriately, knowing children were near the roadway.

However, all claims of negligence were denied. The defence contended that Ms Atkinson was driving in a lawful and careful manner. Their argument, supported by a Garda report on the incident, was that the young boy had stepped out suddenly from a grass verge directly into the path of the car, leaving the driver with no opportunity to avoid the collision. Mr Bland SC acknowledged these difficulties, telling the court there were significant liability issues in the case and that the child would have only been visible for a fraction of a second before the impact.

Settlement and Judicial Approval

The case was ultimately settled for €9 million following mediation, a process that avoids a full court hearing. Crucially, the settlement was made without any admission of liability from the defendant. The final figure incorporates a 25 per cent discount to reflect what was described as the “litigation risk”—the inherent uncertainty and possibility that the plaintiff’s case could have failed entirely had it proceeded to a full trial, given the conflicting accounts of the event.

In approving the settlement, Mr Justice Paul Coffey described the circumstances as “a very tragic case.” He acknowledged the significant risk involved in the litigation and deemed the 25 per cent reduction to be appropriate in the circumstances. The judge stated he was satisfied that the settlement was fair and reasonable, and he extended his best wishes to Fintan Smyth and his family for the future. The funds will be placed in trust to manage and provide for Mr Smyth’s extensive and ongoing care needs.