young skateboarder awarded claim against motorcylist

[Dragonfly]

We are discussing this on another forum and i brought it over for you also.,

discuss.


was in the Irish independent newspaper, original linky dosnt work anymore but thats the story.





[quote]07 November 2007

Young skateboarder awarded €240,000 in claim against motorcyclist

By Liam Heylin
A YOUNG skateboarder who rolled out in front of a passing motorbike suffered head injuries and a broken leg in the collision was awarded €240,000 in compensation yesterday.


Luke Byrne of Barnavarra Crescent, Ballyvolane, Cork, was aged five at the time of the accident near his home.

Engineers’ estimates of the reaction time available to the motorcyclist put it at one second at most and possibly as little as seven tenths of a second.

Dr John O’Mahony said at the High Court in Cork yesterday that he was recommending acceptance of the offer made to the plaintiff on behalf of the defendant Kevin Myers, of Ballygibbon, Blarney, Co Cork.




Mr Justice Frank Clarke said that he was approving the offer, which will now be lodged in court until the plaintiff, who is now aged 10, reaches the age of 18.

The judge said there was a definite risk in letting the case go to trial.

“One would have to factor in the possibility that it could be completely lost,” said Mr Justice Clarke.

Dr O’Mahony said the plaintiff, who brought the case through his mother Veronica Byrne, “was on a skateboard and he came from between two parked cars. The bottom line is that there was nothing the motorcyclist could have done, the case could have been lost”.

Mr Clarke praised the child’s parents for everything they had done to ensure their son received the best medical treatment.

Dr O’Mahony said the most serious aspect of his injuries was the cognitive impairment, which was potentially serious at the time. Luke Byrne was in hospital for three and a half weeks after the accident in December 2002.

The senior counsel said that while the potential consequences were serious, the young boy had done extremely well. He is now in fifth class in school and playing midfield in soccer.

The judge was asked to allow payment out of a small fraction of the award so that Luke and his family could go to Disneyland and he said that was appropriate in the circumstances.

[Eddie Hitler]

So where did the money come from? The motorcyclist or?

[Dragonfly]

Doesn't actually say there is a link there for the story also.
https://www.examiner.ie/story/?jp=EYQLCWAUEY&cat=Ireland&rss=rss2
____________________
All the breast.
Muzza on Binge:
He's too busy beating the everloving shit out of Lizzie to notice this thread has taken a turn down Drama Avenue and stopped off at the popcorn shop.

[california_rookie]

That just confuses the shit out of me. The foreign legalese was a bit distracting, but what I took from that was; there was no way to rider could have avoided the accident, but he still has to pay?
____________________
https://www.bikepics.com/members/californiarookie/04gsxr600/
https://www.myspace.com/spapadillion
https://steamcommunity.com/id/spapadillion

[Dragonfly]

Thats my argument also, i dont think they should have been paid. The kid is 10 now and was hit when he was 5 took them 5 years to think of suing for some reason . And i didnt see a mention of what happened to the biker as i am sure he was injured also. Kid seems ok now, dont know why he was on the road but accidents do happen.
____________________
All the breast.
Muzza on Binge:
He's too busy beating the everloving shit out of Lizzie to notice this thread has taken a turn down Drama Avenue and stopped off at the popcorn shop.

[Rookie]

[craigie b]

Looks like it was the biker as the case has a defendant so its not like getting an injury award from the tax pool.

I reckon the insurance company has stumped up an offer as it is cheaper than the potential ramifications if they had to pay out for the rest of the poor wee fella's life....and the parents have grabbed the cash offer because they stand a fair chance of losing and the wee fella having no money in the future for whatever his disabilities leave him wanting.

Maybe not the bikers fault, but at 5 years of age its a good thing they got something. (that opinion is based only on the short story presented though).

[iooi]

Maybe people will now see why TPO ins is so dear... It will not be the biker who stumps up but his ins co....

I think that a counter claim by the biker is in order for the stress and suffering caused to him by this childs actions.
____________________
Just because my bike was A DIVVY, does not mean i am......

[california_rookie]

Agreed. What kind of parent lets a five-year-old out on a skateboard without supervision?
____________________
https://www.bikepics.com/members/californiarookie/04gsxr600/
https://www.myspace.com/spapadillion
https://steamcommunity.com/id/spapadillion

[Philious]

Thats not on really, the parents should have been in court for neglegence.
____________________
Previously; Honda XR125 - Yamaha DT125r - Aprilia Rs125 - Suzuki GS500e, Currently; Kawasaki ZX6R + ZX10R
Theory : Passed 28/7/09 Module 1: Passed 21/09/09 Module 2: Passed 23/09/09

[colin1]

im pissed off that insurance companies should have to subsidise holidays for families dumb enough to let their 5 year old kid play on a skateboard in the street

they should be paying compensation to the biker for suffereing unnecessary distress due to something that was their fault
____________________
colin1 is officially faster than god

[Dragonfly]

Agree with you all here, seen a few that dont said it was hard having kids ect and things like that happen so they deserved it.

pisses me off the way people are able to get money out of anything when its their fault, so quick to jump on the compensation bandwagon to get money out of it. Law is not only messed up in the UK then its also in the south of Ireland.
____________________
All the breast.
Muzza on Binge:
He's too busy beating the everloving shit out of Lizzie to notice this thread has taken a turn down Drama Avenue and stopped off at the popcorn shop.

[Kickstart]

Hi

Reads to me that the insurance company have agreed to pay out €240k to avoid the risks of going to court.

Seeing as there appears to be no long term damage (from that report) and the accident was the fault of the lad on the skateboard (and thus really his parents) it seems pretty dodgy.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[greatmoorred]

This is very interesting.
When i was 7 i also got knocked off my skateboard, by a big f**king truck. broke my leg pretty badly, compound fracture of tibia and fibula. Head injuries, the works.
Soooo, after 20 odd years, can i still claim ?

[california_rookie]

You can claim you weren't brain damaged, but no one will believe you.

Couldn't help it. it's late and I probably think it's funnier than it is.
____________________
https://www.bikepics.com/members/californiarookie/04gsxr600/
https://www.myspace.com/spapadillion
https://steamcommunity.com/id/spapadillion