Monday, January 30, 2023

High Court reporters

A settlement of just under €80,000 has been approved by the High Court for a girl who was injured when a car in which she was a passenger was involved in a collision with another vehicle.

Malgorzata Bozek (11) suffered injuries to both knees and a facial injury in the collision while in the family car which was on its way to Cork Airport on August 17th, 2019.

Through her mother, Joanna Bozek, of Gralewo, Santok, Poland, she sued the driver of the other vehicle, Andrew O’Dwyer, of West Avenue Carrig Na Curra, Carrigaline, Co Cork.

It was claimed the collision, at Kilmountain Cross, Cork, occurred as the Bozeks were on their way to fly to Poland to visit family and was due to the negligence of Mr O’Dwyer.

Liability was admitted, and an offer was made to settle it which came before the High Court for approval as Ms Bozek is a minor.

It was claimed that while the child and her mother were taken to hospital after the accident, it was not until the girl returned to Poland that she received full treatment for her injuries.

It was claimed the child performed poorly at school following the accident and also suffered sleep terrors which required psychiatric care.

John Nolan BL, for the Bozeks, said she will require surgery to her knee when she is 18.

Mr Justice Garrett Siimons approved a settlement of €75,000 in general damages and just under €5,000 for special damages.

He noted the settlement was subject to the new Judicial Council personal injury guidelines and Ms Bozek had achieved the maximum available.

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