Tractor danger: damages for girls injured in Limerick road collisions

TWO young children who were injured in separate road collisions involving tractors have been awarded substantial damages.

In one case which was before Limerick Circuit Court, an eight-year-old girl was awarded more than €16,000 in damages arising from an road accident which occurred on the Bruff Line, near Newcastle West on April 8, 2015.

The girl, who was aged four at the time, was a passenger in a vehicle which was involved in a collision involving a number of vehicles including a tractor.

Barrister Peter Klein, instructed by O'Gorman Solicitors, said the girl sustained some soft-tissue injuries but that these were ‘minimal’.

However, he added that she experienced considerable upset, nightmares and some flashbacks in the months after the accident.

Mr Klein said what happened was “serious and frightening” for his client – particularly as the accident involved a tractor.

The barrister told the court there are “other proceedings” ongoing between the defendants in the case as liability is contested.

A number of medical reports were submitted to the court and the plaintiff’s mother told Judge Patrick Quinn, her daughter has made a good recovery since the accident and is doing well.

Having spoken briefly with the schoolgirl and her mother, Judge Quinn noted there are no ongoing issues and he commented it was a “very good settlement”.

In a separate and unrelated case, a 12-year-old girl was awarded more than €20,000 in damages arising from a road accident which happened near Ballagh, Abbeyfeale on July 2, 2018.

Barrister Tom Rice, instructed by Pierse Fitzgibbon solicitors, told Judge Quinn the accident occurred after a tractor and trailer “pulled out of a field” onto the public road.

He said the plaintiff, who was aged 10 at the time of the accident, sustained soft tissue injuries and that there were also injuries of a psychological nature.

“Undoubtedly, she got a bit of a shake,” he said.

The court was told the young girl’s sleep patterns were disturbed for some time following the accident and that she started coming into her parent’s room at night.

“They were very worried about her ”said Mr Rice, who confirmed he was recommending the settlement offer which totalled €20,600.

He said the sixth-class pupil is a “most confident young girl” and that she has made a good recovery since.

Having spoken to the plaintiff and her father, the judge formally approved the settlement offer saying he had “no difficulty whatsoever” doing so.

He also awarded the plaintiff her costs and directed that the majority of the monies be invested by the Courts Service of Ireland for the benefit of the young girl when she turns 18.