Offaly Boy Knocked Off Bike Settles High Court Action For €20,500

Friday, 20 December 2019 10:20

The incident happened outside a service station on the Banagher Road in Birr in September 2013.

An Offaly schoolboy who fractured the base of his skull when he was knocked off his bike has settled his High Court action for €20,500.

The then 8 year old boy emerged on his bike from behind a parked car and was hit by a van, the High Court heard.

Speaking directly to William Parsons who is now aged 14 years, Mr Justice Kevin Cross said:: “ I hope William it has been a lesson to you and you will be more careful as you grow older.”

William Parsons, of Chesterfield Close, Birr, Co Offaly had through his mother Karen Cotter sued the driver of the van, David Cox, Cuba Avenue, Banagher, Co Offaly and the van owner Niall O’Shea of Carrowkeel, Clonfanlough, Athlone, Co Westmeath, as a result of the accident outside a service station on Banagher Road, Birr, Co Offaly on September 14, 2013.

It was claimed there was an alleged failure to take reasonable care to protect the boy from the risk of personal injury and an alleged failure to provide any or any adequate warning to the schoolboy.

It was further claimed the van was allegedly driven without due care and attention.

The claims were denied.

William’s counsel David Kennedy SC, instructed by Downes Solicitors told the court the boy had emerged on his bicycle from behind a parked car.

He said he suffered a fracture to the base of the skull .

He was lost consciousnesses for a period and was transferred to Beaumont Hospital, Dublin and kept in for two days. He also had to stay off school for a number of weeks.

Counsel said the boy recovered well but still complains of some headaches.

He said the boy had cycled up the road with his friend to buy something in the garage and the accident happened as he left.

Counsel said there was also a question whether the bicycle the boy was cycling had brakes.

Approving the settlement Mr Justice Kevin Cross said it seemed as if the case may not succeed if it went to trial.

He said it was “ an unfortunate incident”.

Speaking directly to the boy the judge said: “ I hope William it has been a lesson to you and you will be more careful as you grow older.”