Travel litigation specialists at London and South East law firm Penningtons Solicitors LLP have won a €1.25 million compensation claim for William Kane, a 55 year old man from Newcastle, who was badly injured in a hit-and-run accident involving a drink driver in County Kildare, Ireland, while working on an overseas contract for a UK based construction company.
William Kane had been sent to Ireland by his employer, Aggregate Industries, to carry out some contract road surfacing work. As he crossed a road following an evening out with colleagues, he was struck by a car, driven by the defendant, Justin Cherry, who was well over the legal blood-alcohol limit for driving.
As a result of the accident on 23 October 2005, Mr Kane sustained a severe traumatic brain injury, multiple fractures to his face, left leg, left shoulder and left arm, extensive scalp lacerations and lost a significant portion of his tongue. He spent six weeks in hospital in Ireland and remained in a coma for most of the time, requiring ventilation. He was then airlifted to the UK, where he was an in-patient in Tickhill Road Hospital's Rehabilitation Unit in Doncaster for approximately nine months.
The severity of Mr Kane’s injuries has left him with significant permanent impairment including retrograde amnesia, very poor short and long-term memory, and an obvious stutter. He also suffers from significant physical disability, has a pronounced limp and is unable to walk anywhere without a cane. Due to his level of incapacity, any future gainful employment is unlikely and Mr Kane will also require regular intervention from carers and support staff to ensure that his welfare is adequately maintained.
Fortunately, his employer had put in place an insurance policy, with Chubb Insurance, which provided legal expenses insurance cover to pursue a claim for personal injury and loss. Penningtons Solicitors LLP was instructed by Chubb to represent Mr Kane in his claim against Quinn Direct, Mr Cherry's motor insurers, and legal proceedings were issued in the Dublin High Court. Given the extent and severity of the injuries, Mr Kane had to undergo numerous medico-legal assessments which could not be finalised until his injuries had consolidated, meaning that a considerable period of time passed before Penningtons was in a position to enter into substantive negotiations with Quinn Direct and their legal representatives. An initial derisory offer was rejected and subsequently followed by a second settlement conference at which their offer was increased to an acceptable level. A settlement of €1.25 million plus legal costs was agreed in mid-December 2009, and approved by the Dublin High Court, more than four years after the accident.
Kieran Mitchell of Penningtons Solicitors LLP's travel law team, who represented Mr Kane, says: “I am delighted that we have finally been able to secure Mr Kane the compensation to which he is entitled. This is the culmination of several years of hard work by my colleagues and I together with the team at John Kilroy Solicitors in Dublin, who have assisted us in this case from the outset.
“Now that the terms of settlement have been agreed, we will take the necessary steps to place the funds on trust for the client to ensure that he is afforded adequate protection. We will also be arranging for a case manager to come on board to put in place an appropriate care regime, including the appointment of mentors who can help to improve his quality of life by taking him on outings and trips which he would otherwise not have been able to do by himself.
“This case highlights the need for employers to take out suitable insurance policies that can protect their employees in the event of a major accident. The funds secured for Mr Kane will enable him to rebuild his life and provide the level of daily care and support he needs. While the lessons of drink driving sadly never seem to be learnt, the case does demonstrate that the combination of adequate insurance cover and specialist legal support can help to salvage a long term future for victims such as Mr Kane.”