A toddler was extremely lucky he was not strapped into his buggy when a car on the Circuit of Kerry rally went out of control and crashed through a protective barrier, throwing the buggy up against a wall, the High Court has heard.
Jamie O’Brien was watching the motor rally along with his parents and sister at a church car park at Ballymacelligott when the incident happened 10 years ago.
He ended up covered in blood with lacerations to his face and head.
In the High Court on Thursday, the four members of the O’Brien family, of Tralee, Co Kerry, settled High Court actions over the incident.
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Their counsel Padraig McCartan SC told the court Jamie (12) was extremely lucky he wasn’t strapped in the buggy at the time of the crash on April 19th, 2015.
He said the boy has been left with scars on his head and over his eyebrow. The boy settled his legal action for €75,000.
Jamie’s sister Megan (17) was seven years old at the time, and was also injured and had to be airlifted to hospital.
He said the little girl was standing holding her father’s hand when the car struck her and drove her back into the corner of the car park wall.
Counsel said her parents Olivia and Alan O’Brien thought she was dead. She had multiple injuries and was airlifted to Cork University Hospital.
She was in ICU and had to have four different surgeries. Her injuries included a large degloving injury to her ankle along with leg and rib fractures and knee and shoulder injuries. Counsel said the girl was in hospital about a month. Megan, who counsel said had now made a full recovery, settled her action for €250,000.
The four family members had sued the driver of the car, David Murphy, Coole West, Athea, Co Limerick, along with Tralee Autosports Co Ltd trading as Kerry Motor Club with registered offices at Knockmoyle, Tralee, and Motorsport Ireland, with offices at Dawson Street, Dublin, and Kerry County Council.
Mr Justice Paul Coffey was told that the actions brought by Mr and Mrs O’Brien had been settled and could be struck out. The terms of the settlement are confidential.
In the proceedings, it was claimed there was an alleged failure to ensure that adequate safety mechanisms were in place on the circuit rally route and were such that would prevent injury to the spectators.
It was further claimed there was an alleged failure to satisfactorily assess the adequacy of the position of the barriers and their distance from the route so as to ensure that any spectators watching from behind those barriers would be safe from danger.
It was further contended there was an alleged failure to ensure the event was adequately marshalled.
There was also, it was claimed, an alleged failure to prepare or implement any adequate safety plan.
All of the claims were denied and it was denied that the car was being driven otherwise than in a manner that would have been expected at or as part of the preparation of a stage of a motor rally event on a closed road.
Noting the adult settlements, Mr Justice Coffey also approved the €75,000 and €250,000 settlements for Jamie and Megan and said they were fair and reasonable. He wished the family well for the future.
