herald

Tuesday 12 December 2017

€826k awarded to boy hit by car at crossing

A 13-year-old boy who was knocked down at a temporary road crossing has been awarded more than €800,000 against a local council.

At the High Court, Ms Justice Mary Irvine found Dublin South County Council 100pc liable for the accident which left Brandon Dargen Burgess, now 16, with a head injury and fractures to his arms and legs.

Brandon was on the way home from his grandmother's house and was across two lanes of traffic on the Tallaght Bypass when he was struck by a car going in the Blessington direction at the Killinarden Way junction on November 8, 2008.

Awarding €826,818, Ms Justice Irvine said she was satisfied that the council was grossly negligent in the mismanagement of the junction.

The setting up of a temporary crossing made it extremely difficult for pedestrians to access the signal box.

The negligence of the council, she said, was compounded by one of its employees in the driving of a council truck at the junction.







Mother

The boy's intended path of travel, she said, was completely impeded and made it impossible for him to see if the signal crossing man was at green or red on the central island.

Brandon, of Ard More Court, Brookville, Tallaght, Dublin, sued through his mother Linda Burgess, the driver of the car James Mulholland, Ballinteer Park, Dundrum, Dublin, and South Dublin County Council.

Mr Mulholland denied negligence and said the boy had stepped out without warning.

The council denied negligence and contended Brandon failed to take adequate care.

The judge allowed an application by council for a stay on the award, pending appeal.

hnews@herald.ie

Promoted articles

Entertainment News