The High Court has approved a €5 million settlement of compensation for a wing mirror injury that left a young boy with intellectual difficulties.
On 13th August 2008, Ryan Bastin was just five years of age and enjoying a family holiday at his grandparent´s home in Mitchelstown, County Cork, when he ran out into the road to follow his father, brother and sister, who had gone to look at cows grazing in a neighbouring field.
As he ran across the road, Ryan was struck by the wing mirror of a car driven by Hannah Murray from Ballyporeen in County Tipperary. Ryan picked himself up from the road, but immediately started vomiting. An ambulance was called and Ryan was taken to Cork University Hospital.
During his transfer to the hospital, Ryan lost consciousness. On his arrival he was diagnosed with a fractured skull and underwent a series of operations. Ryan remained in intensive care for several months before returning to his family home in Brussels.
After undergoing rehabilitation treatment in Brussels, Ryan claimed compensation for a wing mirror injury through his mother – Sinead Mullins. In the claim it was alleged that Hannah Murray had not been driving with due care and attention, and should have seen Ryan run into the road.
Murray denied her liability for Ryan´s injuries and said that she was driving within the speed limit at the time. A forensic expert supporting her defence calculated that Murray had a maximum of 1.75 seconds to react after Ryan had run into the road.
The case went to the High Court, where Mr Justice Kevin Cross was told that Ryan had been left intellectually impaired as a result of the accident. It was argued that, even with just 1.75 seconds to act, Murray could have swerved just enough to have avoided hitting the child.
Judge Cross found in Ryan´s favour, but attributed him with 40% contributory negligence. As a settlement had been agreed in principle subject to the determination of liability, this resulted in a settlement of compensation for a wing mirror injury amounting to €5 million.
The judge approved the settlement and wished Ryan and his family all the best for the future.