Tipperary youth settles for €2m after he was hit by pensioner who mounted footpath
A youth who suffered a severe brain injury after a car driven by a pensioner who claimed she had a blackout mounted a footpath and knocked him down has settled his High Court action for €2m.
Kieran Houlihan was only 16 years of age and was walking on the path outside a school in Clonmel town, Tipperary when he was struck by the car. He was struck from the front and fell back striking his head.
His counsel Patrick Treacy SC told the High Court the driver was in her late 70s and thought she may have had a complete blackout. She had also been diagnosed with a heart condition. The DPP after reviewing the case had decided not to press charges over the accident in 2012.
Kieran Houlian who is now 22 years of age of Oakland Drive, Clonmel, Co Tipperary had through his mother Beverly Houlihan sued the driver of the car Mary Ryan of Anne Street, Clonmel, Co Tipperary as a result of the accident outside Colaiste Cluain Meala, Raheen Road, Clonmel, Co Tipperary on May 22, 2012.
It was claimed that Mrs Ryan had allegedly failed to stop, swerve , slow down or in any other way manage or control her car so as to avoid the collision and that she had been driving in an alleged careless manner. It was further alleged Mrs Ryan failed to keep her car on the road.
The claims were denied and Mrs Ryan's side contended that the accident occurred as a result of Mrs Ryan suffering a blackout which rendered her unable to control the car and avoid colliding with the teenager.
It further contended that as the accident occurred as a result of the alleged blackout Mrs Ryan had no legal liability for the accident.
Kieran, the court heard was taken to South Tipperary General Hospital and later transferred to Cork University Hospital where he had to a left temporal craniotomy. He was discharged back to the Tipperary Hospital on June 7 and was admitted to the National Rehabilitation Hospital Dun Laoghaire, Dublin in August and was there until October 2012.
Counsel said he suffered a very significant brain injury and the back left side of the head took the brunt. Before the accident Counsel said Kieran was very interested in soccer. The 22 year old now suffers from memory difficulties.
Approving the settlement Mr Justice Kevin Cross praised Kieran's family for looking after him all these years. He wished Kieran well for the future.
