Friday, November 18, 2022

High Court reporters

A young man who suffered a brain injury when the car in which he was a passenger spun on the road and hit a wall after a collision has settled his High Court action for €2.7 million.

The High Court heard that Joshua Nevin was only 17 years old when the accident happened six years ago. The car was coming out of a GAA ground in Co Cavan and collided with another car where he was a front seat passenger.

It was claimed it was a significant collision and the car in which Mr Nevin was a passenger suffered a number of impacts and was spun around on the road before hitting a wall.

Mr Nevin was knocked unconscious and suffered multiple injuries to his face. A CT scan of the brain later revealed air in the brain. He also had extensive facial bone and skull fractures and a significant injury to his left eye.

It was claimed that the teenager, who was wearing his seatbelt, was thrown about violently in his retained position and remained trapped in the car for a period while the emergency services worked to extract him. The car was also extensively damaged, it was claimed.

Mr Nevin’s counsel Finbarr Fox SC, instructed by solicitor Hugh Thornton, told the High Court the teenager suffered very severe injuries in the accident and had to have extensive hospital treatment.

He said the boy was a front seat passenger in a car on May 31st, 2016, when a car came out from the property and the accident took place.

Mr Thornton said the now 24-year-old will require care for the rest of his life even though he has made a substantial recovery. He said one can only be in awe of the care Mr Nevin’s family has given him and the young man has also managed to return to education.

The case was before the court for assessment of damages only as liability was admitted in the case.

Joshua Nevin (24), of Lisduff, Virginia, Co Cavan, had sued the driver of the car in which he was travelling at the time, Shane Calvey, of Crossafehin, Virginia, Co Cavan, and the car owner, Marcella Calvey, of the same address, along with Stephen Sheridan, of Ryefield, Virgina, Co Cavan, who was the driver of the other car which exited from the property.

He also sued Munterconnaught Gaelic Football Club, St Bartholemew’s Park, Ryefield, Behernagh, Virginia, Co Cavan, the owners of the GAA grounds from where the car was exiting, and Cavan County Council.

It was claimed against the Calveys that there was an alleged failure to employ local knowledge in relation to a concealed entrance/exit.

It was claimed against Mr Sheridan that he had allegedly failed to yield right of way to the car driven by Mr Calvey and that he had allegedly emerged from a GAA ground or car park onto the road into the path of Mr Calvey when it was unsafe and dangerous to do so.

It was also claimed against Cavan County Council and the GAA club that there was an alleged failure to ensure that proper and appropriate sight lines for motorists were maintained with respect to the exit and entrance to and from the GAA premises.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable, and he conveyed his best wishes to Mr Nevin and his family.

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