The High Court in Limerick has awarded €177,630 compensation for a pedestrian injured in a car accident to a man who was knocked down on the same stretch of road for a second time.
Edmund Quinlan had the misfortune to be run down by a car in 2004 and suffer a broken leg. Due to the skill of his doctors, Edmund (72) – a retired council worker – recovered well and was able to live independently in Garryspillane, County Limerick.
On March 5th 2010, Edmund was again walking from his home to the local pub for a drink with his friends and a game of cards, when he was knocked down by a car whose driver had failed to see him in the road due to the setting sun.
Edmund was taken to hospital with extensive fractures to the leg he had broken previously and spent ten weeks with his leg held in balanced suspension. His recovery on this occasion was all the more complicated due to the bone supporting the metal plate that had been inserted previously being shattered.
When he was discharged from hospital, Edmund claimed compensation for a pedestrian injured in a car accident against the driver that had run him down. Full liability for the accident was disputed by the driver that had hit Edmund, who alleged that Edmund had been walking along the road as if he were drunk.
As there was a dispute over liability, the Injuries Board declined to assess Edmund´s claim for compensation for a pedestrian injured in a car accident, and the Injuries Board issued an authorisation for Edmund´s case to be heard in court.
However, the day before the hearing was due to start at the High Court in Limerick, the defendant withdrew his allegations that Edmund had been drinking and the case was presented to Mr Justice Paul McDermott for the assessment of damages only.
At the hearing, Dr Thomas Burke – Edmund´s surgeon – told Judge McDermott that his patient had made a near-miraculous recovery from his leg injuries but, due to Edmund´s increasing frailty, he had been moved to a nursing home.
The judge complimented Dr Burke for his treatment of Edmund, who – the judge said – had been very stoical in dealing with the injuries piled on him. Judge McDermott awarded Edmund €177,630 compensation for a pedestrian injured in a car accident, which included €115,000 for Edmund´s pain and suffering and €62,630 to cover the costs of Edmund´s medical and nursing home expenses.