The family of an eleven-year-old boy, who sustained terrible head injuries and a broken leg when the tricycle he was riding was in collision with a car, have resolved their child´s bicycle injury claim for compensation shortly before a High Court hearing was due to commence in Dublin.
The boy – Bartosz Zakrzewski from Birr in County Offaly – sustained his injuries in July 2010 while cycling along An Coran Street in Birr. His tricycle was hit by a car driven by Caitríona Kelly – also from Birr – with such force that he was thrown several metres from the site of the collision. As a result of the accident, Bartosz suffered head injuries, cuts, bruising and lacerations all over his body and a broken leg.
After seeking legal advice, Bartosz´s mother – Monika – made a claim for child´s bicycle injury compensation against Ms Kelly, claiming that she had been negligent in causing the accident and was in breach of her duty of care. Ms Kelly denied the claims and, as the Injuries Board were therefore unable to assess damages, the case was scheduled to be heard at Dublin High Court.
However, shortly before proceedings were due to begin, Ms Justice Mary Irvine was told that the two sides had negotiated an agreement which would see Bartosz receive 100,000 Euros in child´s bicycle injury compensation without an admission of liability from Ms Kelly. After hearing the circumstances of the accident and statements from both parties, Ms Justice Mary Irvine approved the settlement of Bartosz´s child´s bicycle injury claim – expressing her sympathy for both Bartosz´s family and Ms Kelly.