A boy who suffered a severe brain injury when he was struck by a car a near his grandparents' home in Co Cork has settled his High Court action for €5 million.
Ryan Bastin, who was aged five at the time, was visiting his grandparents outside Mitchelstown on August 13th, 2008 when he ran out on the road after his father, brother and sister, who were looking at cows in a field.
However, the mirror on the driver’s side of a passing car, which was travelling within the speed limit, struck him on the head, fracturing his skull.
Ryan, who lives in Brussels, had through his father Christian Bastin sued the driver of the car Hannah Murray, Lisfuncheon, Ballyporeen, Co Tipperary as a result of the crash.
Dr John O’Mahony, SC for the plaintiff, told the court Ryan suffered an extremely serious injury when he was struck by the mirror.
Counsel said the reality was the driver had 1.75 seconds to do anything. The driver, counsel told the court, said she heard a thud and did not see the boy.
Mr Justice Kevin Cross was told that Ryan, who celebrated his 13th birthday on Tuesday, has been left intellectually impaired as a result of the incident.
It was claimed there was an alleged failure to keep any proper lookout and to see the boy as he crossed the road. The claims were denied.
After being hit by the car, Ryan stood up , started to cry and vomited. During his transfer to Cork University Hospital, he lost consciousness.
He suffered an extensive skull fracture and spent a prolonged period in intensive care and also had to have a number of operations.
After his return to Brussels, he underwent treatment at a rehabilitiation hospital there.
Ryan’s mother Sinead said her son now has difficulties with language and needs a lot of assistance, but he is an active boy who loves horse riding.
Approving the settlement Mr Justice Kevin Cross said he determined the case as 60 per cent liability against the driver. The judge wished the boy and his family al the best wished him luck with the horseriding.