Home News: (pounds) 2.3m awarded to paralysed accident victim

[Max]

Home News: (pounds) 2.3m awarded to paralysed accident victim
Irish Times; Aug 8, 2001

A Co Monaghan man who is paralysed from the chest down following a road accident seven years ago has been awarded more than (pounds) 2.3 million damages in the High Court.

Mr Brendan McEneaney (28), a mechanic, of Cavanguilla, Castleblayney, sued Monaghan County Council after his car skidded on ice on the road surface, went across the oncoming carriageway, through a fence and hit a tree. The accident occurred on the Castleblayney-Monaghan road early on February 14th, 1994.

Mr McEneaney suffered 'catastrophic injuries' and is confined to a wheelchair. A substantial proportion of the total award is for ongoing care.

Mr Justice O'Sullivan said the full value of Mr McEneaney's case was (pounds) 3.57 million. However, the judge found he was guilty of contributory negligence because of his excessive speed - probably about 70 m.p.h. - and had to accept one third of the fault for the accident. The judge then granted a decree for (pounds) 2,382,913 and costs. A stay on the decree for damages in the event of an appeal was allowed on condition that (pounds) 1.75 million was paid forthwith.

The judge held Mr McEneaney was not guilty of contributory negligence by reason of the consumption of alcohol. He was not wearing a seat belt at the time but the judge, after hearing detailed evidence, held there was no contributory negligence on that count either.

It was claimed the council was negligent regarding the design and maintenance of the road, particularly at the bend where the accident occurred. It was submitted the council had failed to provide a 'French drain' that would have collected water seeping on to the road from the slope on the adjoining lands.

Lawyers for Mr McEneaney said it was foreseeable that, on such a cold night, a patch of black ice would form in circumstances that would not be predictable to the driver of a car.

Mr McEneaney spent several periods in hospital and underwent a number of operations. His spinal cord was severed and he suffered numerous other injuries.


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[cass]

pardon my french but......what bs. you're drunk, you're using excessive speed, no seatbelt and you sue the road engineers........ and incredibly enough....this guy wins. obviously the U.S. courts aren't the only ones making stupid rulings. better not let this case hit the news in iowa....like you're really going to be able to make roads where black ice can't occur. duh.