Posted: May 7th, 2014
A High Court judge has approved a €9 million settlement of compensation for bus accident injuries in favour of a Spanish student who was knocked down by a bus when he was twelve years old.
On February 4th 2009, Carlos Tesch (now eighteen years of age) was walking along Herbert Road in Bray with some fellow Spanish students, when a number of older youths – who had allegedly been verbally abusive to the students in the past – started to approach the group.
Carlos tried to avoid the older youths by running out into the road; but, as he left the pavement, he was knocked down by a bus travelling along the road from behind him. Carlos suffered serious head injuries in the accident – including a fractured skull and brain damage – which has left him unable to speak or walk more than a few paces without assistance.
Carlos´ father – Hans Tesch – relinquished his managerial position to look after his son, and has twice taken him for stem cell treatment in China. Despite Carlos´ severe disabilities, he still manages to attend classes at the Bray Institute of Further Education.
Carlos made a claim for compensation for bus accident injuries against Dublin Bus – the operators of the bus service. Dublin Bus contested their liability for Carlos´ bus accident injuries, stating that it was unreasonable for the driver of the bus to expect a child to randomly run out into the road.
However, in 2013 Carlos´ claim was heard at the High Court; where the defendant was considered to be 70 percent liable for the accident, after it was admitted that the bus driver had been distracted by talking with a passenger shortly before Carlos ran out from the pavement.
Dublin Bus appealed the High Court´s ruling, but the verdict was upheld by the Supreme Court earlier this year, and the claim returned to the High Court for the assessment of damages. A settlement of compensation for bus accident injuries amounting to €9 million was agreed, and the case was heard once again in the High Court for approval of the settlement.
After hearing the circumstances of Carlos´ bus accident, Ms Justice Mary Irvine approved the compensation settlement – stating that her experience of cases such as this made her aware of the sacrifices that parents have to make when their children are so catastrophically injured.
Categories: Child Injury Compensation