Pedestrian Injury Compensation

A woman, who sustained arm and back injuries after being run over by a driver who subsequently left the scene of the accident, has been awarded 79,000 Euros in compensation in a claim against the MIB.

Siofra O´Loughlin (24) from Rolestown in Dublin brought the claim against the Motor Insurers´ Bureau Ireland after she was injured while playing with friends on the Dollymount Beach, Dublin. In her accident injury compensation claim Siofra alleged that she had slipped and fallen face down while trying to retrieve a ball, at which time a car had reversed over her arm – fracturing her humerus and grazing her back.

Both the police and an ambulance attended the scene and in Siofra´s report to the police, she stated that the driver of the car had stopped a short distance away, looked back at her, and then returned to his car and driven away. Despite receiving immediate medical treatment, Siofra had to later undergo surgery for her fractured humerus as the bone had failed to knit properly and, as Mr Justice Iarfhlaith O’Neill at the High Court in Dublin heard, Siofra still feels pain from the injury during inclement weather.

The Motor Insurers´ Bureau Ireland disputed Siofra´s claim against the MIB, alleging that she had initially told the police a different version of events. However, Mr Justice Iarfhlaith O’Neill heard evidence that Siofra was dazed and confused immediately after the accident happened and stated in court that he believed Siofra was an honest witness who had given a truthful account of what had happened to her.

The judge awarded Siofra 79,000 Euros compensation for her claim against the MIB, plus the costs of pursuing her action.

A woman, who sustained a head trauma and neck injury after walking into a poster board, has settled her compensation for advertising poster injury claim against Fianna Fail and Executive Posters Ltd shortly before her case was due to be heard at the Dublin Circuit Civil Court.

Sandra Memery (48) from Dublin had just left the MacDonald´s restaurant on the Navan Road with her daughter Nikita when the accident occurred. Having turned to hand her daughter a bag as she left the restaurant, Sandra struck her head against the poster board as she turned back; sustaining a cut to her scalp, a swelling over her right temporal and soft tissue damage to her neck.

Although an x-ray revealed that no bones had been broken, Sandra, who is 1.65 metres tall (5 ft 5in), made a personal injury compensation claim, stating that the advertising poster – campaigning for a “yes” vote in the second Lisbon Treaty referendum – had been placed too low and there should have been at least 3 metres clearance between the ground and the lowest edge of the campaigning poster.

The two defendants disagreed, and alleged that Sandra had failed to care for her own safety by not looking where she was going. However, shortly before her case was due to be heard at the Dublin Circuit Civil Court, Sandra´s legal team announced that a settlement of 38,000 Euros had been agreed in compensation for advertising poster injury.

A twelve year old girl has been awarded 20,000 Euros in Dublin´s Circuit Civil Court as compensation for tripping on pavement and sustaining a permanent scar from her accident.

Kodie Geoghegan Dowdall, from Ballymun in Dublin, was just seven years of age when the accident occurred in December 2006 as she was en route to visiting her aunt who lived close by. Passing by a construction site managed by SIAC Construction of Clondalkin, Dublin, Kodie tripped and fell into a hole dug by the construction company.

Kodie suffered cuts and bruises in the accident, one of which developed into a permanent scar. Through her mother, Kodie brought a tripped on pavement compensation claim against SIAC Construction and, although they denied liability for her injuries, an offer of compensation for tripping on pavement was made without admission of liability.

In the Circuit Civil Court, Mr Justice Matthew Deery heard that the proposed settlement was sufficient to resuture the scar when Kodie turns eighteen years of age and, as all compensation settlements for minors in Ireland have to be endorsed by a judge, Mr Justice Matthew Deery approved the compensation for tripping on pavement agreement.

A man who was struck by a car while crossing the road in his motorised wheelchair has agreed an out-of-court settlement of 100,000 dollars with the negligent driver´s insurers for his injury compensation case.

Arthur Billingsley of Olivette, Missouri, was crossing the town´s Dielman Road in his wheelchair when he was hit by a car driven by Willette Jackson of St. Louis, Missouri. Arthur was taken to St. John´s Mercy Medical Centre in Olivette where he underwent surgery for a severely broken leg, and was treated for concussion and substantial cuts and bruises to his head.

After taking legal advice, Arthur filed an injury compensation case against Ms Jackson, claiming that she had been driving without due care and attention at the time of the accident. Ms Jackson and her insurers choose not to dispute the claim and, after four months of negotiation, a settlement for wheelchair accident compensation was agreed in the amount of 100,000 dollars.

A 6 year old child, who was left with a permanent scar after being hit by a van in the street, has had his child injury compensation claim settled for 17,500 Euros.

Warren Lavelle (6) of Tallaght, Dublin, was just three years of age when he was run over by a van while playing in the street near his home. Warren suffered head injuries as a result of his accident which left him with a permanent scar.

The driver of the van, John Connors – also of Tallaght, Dublin – admitted responsibility for Warren´s injuries and, at Dublin´s Circuit Civil Court, Judge Jacqueline Linnane was told that a 17,500 Euros settlement for Warren´s child injury compensation claim had been agreed.

As is standard practice in the Republic of Ireland, all settlements for child injury compensation have to be approved by a judge before payment of compensation can be paid and, after reviewing the case, Judge Jacqueline Linnane approved the settlement.

An award of £6.6m in compensation for a pedestrian knocked down  by a bus on a pedestrian crossing is to be paid out after representatives of the bus company agreed to an out-of-court settlement just as the jury were being seated at the Alameda County Superior Court.

A woman has been awarded almost £150,000 in a claim for being knocked over by van crossing the road in the High Court.

Amy McKernan (36) from North Ewington, Oxfordshire, was crossing the road on May 7th 2002, when she was struck by a van driven by Yuk Fong. The force of the collision knocked her onto the front of the vehicle, before she landed on the road surface – sustaining facial and back injuries.

In her claim against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy alleged that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.

Yuk Fong and Yau Tsali Li dismissed the claims, and counter-claimed that Amy had contributed to her own injuries by failing to keep a proper lookout. However, as Amy was about to step onto the pavement when the collision happened, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.