A 35-year-old man who suffered a traumatic head injury after he claims he was hit by a car as he walked along a country road on a winter’s evening has settled his High Court action for €6.5 million.
Bosnian national Damir Zelenika was only in this country a short time when the accident happened at around 5pm on a country road near Dublin Airport as he walked along the road after work.
Mr Justice Paul Coffey was told that liability was fully contested in the case which was settled on the basis of one third responsibility apportioned to Mr Zelenika.
Mr Zelenika’s counsel Michael Byrne SC instructed by Tracey Solicitors told the court the warehouse worker had after work gone to get a bus with two colleagues on the evening of January 9th, 2020, but there was a hold up with the bus and they began to walk along the road.
Counsel said there was no street lighting on the country road and no footpath and Mr Zelenika and his two colleagues walked in the wrong direction away from traffic.
Mr Byrne said all three were wearing dark clothing. Mr Zelenika was struck he said and sustained a head injury. The other two people he said did not sustain significant injury.
Counsel said liability was fully contested in the case and there were no independent witnesses.
Damir Zelenika from Bosnia had through his brother Nino Zelenika of Navan Road, Dublin sued the driver of the car, David Abbott of Rivermeade Drive, St Margaret’s, Co Dublin, as a result of the accident on January 9th, 2020 at St Margaret’s Rd, Swords, Co Dublin.
It was claimed that suddenly and without warning a car owned and driven by Mr Abbott allegedly collided with Mr Zelenika and he suffered severe personal injuries.
It was claimed the driver allegedly failed to keep any proper lookout and there was an alleged failure to take any effective evasive action or to notice the presence of Mr Zelenika and his companions on the road.
All the claims were denied and liability was fully contested in the case.
Mr Byrne told the court the difficulty in the case was proving that Mr Zelenika who was wearing dark clothing could be seen as he was walking away from the traffic direction. He had sustained a severe traumatic head injury and a CT scan showed an intracranial hemorrhage. He was transferred to Beaumont Hospital where he underwent a decompressive craniectomy and other procedures.
Counsel said Mr Zelenika suffered semi-catastrophic injuries and has been left with cognitive and significant mobility difficulties. He currently lives in a nursing home and his brother Nino was a real support to him, counsel said.
He said the family were happy with the settlement which reflects a two-thirds value of the case. He said Mr Zelenika wishes to return to Bosnia and be cared for there.
Approving the settlement Mr Justice Paul Coffey said that it was a very sad and tragic case where Mr Zelenika had come to this country full of hope. The judge praised the efforts of the legal teams to bring the case to the conclusion including the legal team for the defendants.
