Passenger in uninsured €200 car awarded €2.5m for crash injuries

A front-seat passenger in the car, Paul Barry from Roselawn, Togher, Cork, died as a result of his injuries following the crash.

In November 2001, the uninsured driver, John Paul Heffernan, was cleared on a charge of dangerous driving causing death.

The charge was dropped because the defence was unable to examine the crashed car at Togher Garda Station in advance of the trial.

The Toyota Corolla, which had been purchased for around €200, was disposed of inadvertently before it could be examined.

Danny Walsh was one of seven young people travelling in the car when it crashed.

The car went out of control and crashed in to a wall at Lehenaghmore, Togher.

Mr Walsh was a back seat passenger and he was not wearing a seat belt.

Yesterday’s High Court action in Cork was taken against the Motor Insurance Bureau of Ireland and Mr Heffernan, of 35 Loughmahon Road, Mahon, Cork.

The plaintiff’s mother, Julia Walsh said her son was always a happy, chatty and outgoing boy.

His sister Celine said the award would pay for the care that her brother would need for the rest of his life.

Solicitor Frank Buttimer who brought the case to the High Court in Cork, said yesterday: “Danny is extremely grateful to all the medical staff at Cork University Hospital and the National Rehabilitation Centre in Dun Laoghaire and he appreciates that without their intervention he not be alive today or would not enjoy the quality of life he has managed to achieve following the horrific injuries he suffered in the accident.

“He is grateful to his family and friends for the support they offered him since the time of the accident.”

Despite the awfulness of what happened to Mr Walsh, his senior counsel, Tom Creed, said that in all of his dealings with him he always found him in good spirits.

The offer approved by Mr Justice Liam MacKechnie was lodged in court for the benefit of Mr Walsh.

Because serious injuries are a feature of the case there will be an application to the President of the High Court to have the plaintiff made a ward of court for the purposes of administering the payment of money in the course of his lifetime.

“He was unconscious for three months and began to waken gradually.

“Danny has a permanent impairment of brain function.

“He is not going to be able to work. He is unable to live independently. The fact that he recovered at all is truly remarkable,” Mr Creed said.