Teen passenger with brain injury from car crash settles legal action for €215,000

High Court reporters

The passenger in a car who suffered a traumatic brain injury when the vehicle crashed into a tree during the Covid pandemic has settled a High Court action for €215,000.

Dean Quinn Garry was only 15 years of age, the High Court heard, when he left his home and joined four others in the car.

Another passenger in the car, a 13-year-old boy, was killed when the car went off the road in the early hours and hit a tree in the Lisclougher Great area of Delvin, Co Westmeath, on June 10, 2020. Three other male teenagers in the car received non-life-threatening injuries.

The boy’s counsel, Jonathon Kilfeather, told the court that Dean was in a car which was taken without the owner’s knowledge by another member of the group.

The car had earlier come to the attention of a garda response unit, but counsel said gardaí had “ backed off” before the accident.

Dean Quinn Garry, now aged 21 years of Delvin, Co Westmeath, had through his mother Ciara Garry, sued the car owner Patricia Shannon of Athboy, Co Meath and the car driver Alex Smith Junior of Athboy, Co Meath, and the Motor Insurers’ Bureau of Ireland (MIBI).

Counsel told the court that the MIBI was sued because the driver was not insured.

It was claimed that outside Delvin, Co Westmeath, the car was caused to go out of control and crash, as a result of which Mr Quinn Garry suffered catastrophic injuries.

In the proceedings, it was claimed there was an alleged failure to have any or any adequate regard for the safety of other road users, and an alleged failure to keep any or any adequate lookout.

It was further claimed that the car was allegedly being driven at speed and there was an alleged failure to observe the rules of the road.
All of the claims were denied.

Counsel said that judgment in default of appearance had previously been obtained against the driver of the car, but damages had yet to be assessed.

Approving the settlement Judge Paul Coffey said the litigation risk in the case was so overwhelming that any offer should be accepted. He said there was no case against the car owner, and he noted the settlement against the MIBI.

He told Dean’s mother it was a very tragic case, and she had all his sympathies.

The judge approved the MIBI offer, and the case was struck out against the MIBI and the car owner.

The case against the car driver, in which a judgment was already granted, was adjourned.