Posted: July 30th, 2014
A High Court judge has approved a €1 million settlement of compensation for a pedestrian who was injured while crossing the road with her young granddaughter.
On 9th September 2011, sixty-year-old Elena Schiopu and her young granddaughter were crossing the Morehampton Road in Dublin when Elena was hit by a vehicle whose driver had been undertaking the car which had stopped to give way.
Although the force of the impact was not great, Elena was knocked to floor and suffered cuts and bruises. Despite her injuries, she chose to continue to walk home with her unharmed granddaughter, but after returning to the family home, Elena complained of weak limbs and her speech started to slur.
When her condition continued to deteriorate, Elena went to hospital and was admitted immediately. She was transferred to an intensive care ward after losing her powers of communication and remained there for seventeen days. Elena was diagnosed as suffering from brain injuries as a result of the car accident, and is now quadriplegic – confined to a wheelchair and requiring 24 hour-a-day assistance.
In 2012, Elena was transferred to a nursing home for specialist care and through her daughter made a claim for compensation for a pedestrian who was injured while crossing the road against the driver of the vehicle that had hit her – Eamon McElwain of Donnybrook in Dublin.
McElwain´s insurers contested the claim for pedestrian injury compensation – arguing that he had not been speeding or driving dangerously, and that Elena had failed to look as she stepped out from behind the stationary car. The family´s solicitors countered that McElwain had undertaken a stationary car when, with reasonable care, he should have been aware that it was an unsafe manoeuvre.
The two parties eventually agreed a €1 million settlement of compensation for a pedestrian who was injured while crossing the road; and due to the nature of the injury, the fact that Elena was unable to represent herself and the size of the settlement, the case went to the High Court in Dublin for the settlement to be approved.
At the High Court, Ms Justice Mary Irvine heard the circumstances of the tragic accident and about Elena´s injuries. The judge commented that this was such a distressing case, and she extended her sympathy to the family before approving the settlement.