Posted: September 25th, 2020
Having been in a paralysed condition since a car crash four years ago, a car crash compensation settlement has been agreed in favour of Sally Crossan at the High Court.
A Donegal native, from Lifford, Mrs Crossan was sustained the life-changing injuries when another car crashed into hers in a “ferocious collision” as she was taking her children to school. The High Court was told that she no longer has the the function of all four limbs. Following the incident she remained in hospital for treatment for 19 months.
Representing Mrs Crossan in court, Liam Reidy SC, Richard Lyons SC and solicitor Pat McMyler informed Justice Kevin Cross that she was travelling towards Letterkenny having dropped her son to school when the road traffic collision took place. Prior to being rescued from the crashed car by firemen, Ms Crossan was stuck for 35 minutes. Counsel said of the accident that “it was a ferocious collision and her car was pushed back into the ditch.”
The High Court was advised that Ms Crossan has sustained significant injuries to her brain as a result of the accident but it was not for some time, 18 months in fact, that she was diagnosed with locked-in syndrome. It was, at that time, noticed that her cognitive state was perfect and she was in a position to communicate using words.
A legal action was filed on behalf of 57-year-old Ms Crossan against Christine Henry, Greenhills, Manorcunningham – the driver of the other car involved and the Motor Insurers Bureau of Ireland (MIBI) as a result of the injuries she sustained in the accident that occurred on the outskirts of Lifford on February 9, 2016.
It was alleged that Ms henry failed to drive her car along a proper and safe course or keep an adequate lookout with other road users in mind while driving at an excessive speed. In addition to this there was a claim filed against the Motor Insurers’ Bureau of Ireland that a large amount of oil on the roadway, which it was claimed was caused by the actions of an untraced and unidentified motorist, contributed to the accident.
Liability in the case has been an ongoing cause of debate and Justice Kevin Cross said that this has caused the family of Ms Crossan, who has been absolved of any liability whatsoever, ongoing distress. However, Mr Reidy SC said, was now before the court for assessment of damages only and Justice Cross was informed that the actions could be consolidated into one and had been settled.
Ms Crossan’s husband John who, the court heard, had given up his job to look after his wife also settled a separate action. The terms of the settlements are not being made public.
In approving the settlement Justice Cross praised Mr Crossan on the care that he has been providing his wife.
Categories: Car Accidents