A man who jumped out of a speedboat on the River Liffey 10 times as part of a ThunderCat Racing display but later collapsed and ended up requiring brain surgery, has settled a High Court action for €800,000.
Martin Pullen was taking part in the ThunderCat Racing team performance during the Dublin Port Riverfest on the River Liffey in Dublin on the June bank holiday weekend in 2017.
It is claimed he had jumped out of a speeding Thundercat boat during up to 10 performances before he collapsed on the last day of the festival.
ThunderCat Racing is one of the world's most exhilarating watersports - boats can be seen to fly up to six metres in the air, and it was the first time the boats had been on show in Dublin when they raced four times daily over course of the weekend.
Mr Pullen’s counsel, Maura McNally SC instructed by solicitor Pavel Abramov of Brady Kilroy solicitors, told the High Court on Friday that Mr Pullen had jumped out of the speedboat “to effectively be rescued” as part of the performance.
She said the then 34-year-old had been complaining of recurring headaches and ultimately collapsed and vomited on Monday, June 5th, 2017.
He was taken Beaumont Hospital where an emergency CT scan showed he had a type of internal head bleed and had to have an emergency craniotomy.
Acquired brain injury
Counsel said Mr Pullen was in the hospital's Neuro ICU for 23 days and remained under the care of the neurosurgical team at Beaumont Hospital for two months until he could return home to the UK.
Ms McNally said it is their case Mr Pullen suffered an acquired brain injury, left side weakness, and short-term memory loss, while the sight in his left eye has also been affected.
Mr Pullen, now 39, from Chertsey, Surrey in the UK, had sued Voom Voom Ltd, with registered offices in Hampshire, England, and ThunderCat Racing Ltd, with offices at Chandlers Ford, Eastleigh, England, who, it was claimed, were the organisers of the ThunderCat racing boat display on the Liffey in June 2017.
The court heard the €800,000 settlement includes damages amounting to €550,000 and legal fees of €250,000 and will be paid out by insurance company Axis Speciality Europe SE of London as the court heard the two companies which were sued have no assets.
It was claimed that Mr Pullen was directed to jump out of a speeding ThunderCat boat as part of demonstration display of ThunderCat racing boats.
It was further claimed there was an alleged failure to take any, or any necessary measures to ensure the activities in which Mr Pullen was engaged were safe and free from risk of injury.
It was also alleged there was a failure to take appropriate measures to ensure he would not be injured at the event and an alleged failure to have any, or any adequate safety measures in place.
Contributory negligence
It was further claimed that Mr Pullen was allegedly directed to take part in the event when the defendants knew, or ought to have known, that he did not have any, or any adequate training such that he may carry out the events safely and without risk of an injury.
Counsel told the court that liability was in dispute in the case. The defendants also disputed whether Mr Pullen had an acquired brain injury and contended his memory loss was very mild.
There was also the issue of whether there was alleged contributory negligence on the part of Mr Pullen.
Counsel added there was a litigation risk in the case.
Mr Justice Paul Coffey approved the settlement and noted that had the case run, the litigation risk was very severe. The judge said the offer was fair and reasonable.
