A 32-year-old electrician who was knocked down by a car as he walked on a road near his home in the early hours and suffered a traumatic brain injury has settled his High Court action for €2.6m.
The court heard that Shane Vickers was wearing dark clothing and appeared to be “weaving” on the road in the moments before the accident shortly before 1am.
Mr Justice Kevin Cross approved the settlement, which represented 30pc of the full value of the case. Counsel for Mr Vickers, John Rogers SC, told the court the driver of the car said he thought something dark fell on his car like a tree and when he stopped and got out he noticed a person on the ground.
He said the man was wearing dark clothing.
Counsel said an independent witness who was travelling on the other side of the road said he had seen Mr Vickers walking in the middle of the opposite lane and he appeared to be walking from side to side.
The witness also said Mr Vickers was wearing dark clothing and was hard to see and he beeped at him to alert him to the danger.
He saw the oncoming car and when he looked in his mirror, Mr Vickers was already in the air.
Counsel said there was a footpath at the other side of the road.
Mr Vickers does not remember anything of the accident.
Mr Vickers, of Rockfield Park, Kilmacanogue, Co Wicklow, had sued car driver Andrew Moran, of Ripley Hills, Killarney Road, Bray, Co Wicklow, as a result of the accident on October 19, 2014, at Killarney Road, Bray, shortly before 1am.
He claimed the driver allegedly failed to keep an effective lookout and allegedly failed to see him in sufficient time so as to avoid the collision complained of.
The claims were denied and it was alleged there was contributory negligence on the part of Mr Vickers.
Approving the settlement, Mr Justice Kevin Cross said he was happy to hear Mr Vickers is making progress and he wished him all the best for the future.
The judge said he knew the settlement was not the full value of the case but he said it will give him some comfort into the future.