A WOMAN who suffered severe brain and physical injuries as a teenager after being struck by a car just after disembarking from a minibus bringing her home from a disco in Co Leitrim has secured €2.23 million in settlement of her High Court action.
The case by Louise Farrelly against the car driver, John Earley, and his father Bernard, the owner of the car, was settled on the basis of her accepting contributory negligence reducing her award by one-third.
The Earleys had denied liability for the collision and alleged contributory negligence by Ms Farrelly in allegedly failing to keep a proper look out when crossing the road, and crossing the road when it was unsafe to do so. The case against the Earleys was settled on the basis of two-thirds liability of the Earleys for the injuries.
Mr Justice Iarfhlaith O’Neill, who noted John Earley had admitted he was drinking alcohol earlier that night, yesterday rejected claims by Mr Earley and his father that they were entitled to be indemnified by the minibus driver and its owners.
The incident occurred in April 2004, as Ms Farrelly, then aged 14, was crossing the road near Aghavas, Co Leitrim, shortly after getting off the minibus with two other friends on their way home from a disco at Templecourt, Co Cavan, the court heard.
Another teenage girl had just crossed the road before her and the minibus had just begun to move off when the collision occurred, the court was told.
No case of negligence had been made out against the bus driver or the bus owner, the judge ruled. He rejected the Earleys’ claims the incident could have been avoided if the bus driver, instead of stopping on the main road, had pulled into a nearby parking area.
The judge also rejected claims the bus driver was required to warn Ms Farrelly and others about dangers relating to crossing the road. The driver had enough to do in driving a bus safely and once the children had left the bus, he had no duty of care, the judge ruled.
The judge accepted that the driving of John Earley, who said he had three pints of beer earlier, was impaired by alcohol. He was also satisfied the minibus’s internal lights were on at the time and rejected Mr Earley’s claim he did not recognise the vehicle in front of him was a bus.
Ms Farrelly, now aged 21, of Corduff, Aghavas, is dependent on others for all aspects of daily living. She is unable to speak and suffered significant cognitive and physical disabilities. She was in a coma for 29 days following the incident. Through her father John, she sued John Earley, a construction worker, Carrickavoher, Aghavas, and his father Bernard, a farmer, arising from the collision just after 1am on April 17th, 2004.
Jackie Farrelly, Gortermone, Carrigallen, Co Leitrim, the driver of the bus, and Gallogly Transport Ltd, its owner, with registered offices at Drumboy, Mohill, were joined to the proceedings on the application of the Earley’s.
Ms Farrelly alleged John Earley was driving in a careless and dangerous manner at excessive speed and under the influence of alcohol. The Earleys denied those claims, pleaded contributory negligence by Ms Farrelly and alleged the bus driver failed to set her down carefully.
