Cork woman who suffered brain injury after being hit by bars protruding from trailer settles action
A 59-year-old Cork mother of three, who suffered catastrophic injuries when she was struck by iron bars protruding from a passing trailer while out for a morning walk, has settled her High Court action.
Frances O'Driscoll, her counsel Dr John O’Mahony SC had told the High Court, has been left with irreversible brain damage.
He told Mr Justice Michael Hanna at the opening of the case this week Mrs O’Driscoll was walking along the Causeway, Rosscarbery, West Cork when metal bars on a passing trailer became loose and hit her on the legs, knocking her on her face to the ground.
Frances O'Driscoll (aged 59) with an address at Burgatia, Rosscarbery, Co Cork, has sued Michael Herlihy from Rosscarbery, Co Cork, who was the driver of the jeep and trailer and Claramore Construction Ltd, Claramore, Millstreet, Co Cork, Mr Herlihy's employers who owned the jeep and trailer.
She has also sued the Motor Insurers Bureau of Ireland (MIBI) as Mr Herlihy did not have a valid insurance policy at the time of the accident in 2016.
It was claimed there was a failure to secure the iron bars adequately or at all and the bars were negligently, improperly and carelessly transported.
Mr Justice Michael Hanna was told that liability was admitted in the case and it was before the court for assessment of damages only.
Last year, a jury at Cork Circuit Criminal Court found Mr Herlihy not guilty on the charge of dangerous driving causing serious bodily harm to Frances O’Driscoll on April 16, 2016, at Causeway, Rosscarbery.
He was found guilty of failing to take adequate precaution to prevent a load from falling from a vehicle and fined €500 for the load offence.
On the second day of the hearing today after talks between the sides, Dr John O'Mahony SC told Mr Justice Hanna the case had been settled.
Mrs O'Driscoll will also get the costs of the proceedings from the MIBI.
Mr Justice Hanna congratulated the parties on reaching a settlement and he wished Mrs O'Driscoll well for the future.
At the opening of the action, Dr John O'Mahony SC said Mrs O Driscoll was on her morning walk on the Causeway at Roscarberry on April 16, 2016, when a jeep pulling a trailer came by.
Counsel said there were 12 iron bars, 20 feet long, in the trailer and they were protruding about four feet from the back of the trailer.
Counsel said the irons bars became loose and protruded from the side of the trailer. Mrs O Driscoll was struck in the lower limbs and fell face down on the pathway.
Counsel said she suffered appalling injuries and is left with permanent sequela from which she will never recover.
She suffered multiple fractures to her legs, the face and has lost complete vision in her left eye and was in hospital for five months afterwards.
Counsel said Mrs O'Driscoll had enjoyed life with great gusto and was an active woman who loved swimming and walking.
Her life pattern, Counsel said, has been catastrophically and negatively impacted.
“She had no escape. She was the innocent victim of this tragic accident," Dr John O’Mahony said.
