A WOMAN who found her child lying seriously injured on a roadway after being hit by a car near Maynooth, Co Kildare, five years ago was awarded £30,000 by the High Court yesterday.
Ms Ellen Lawrence, of Blacklyon, Maynooth, had sued the driver, Mr James Burtt, of Glebe Stables, Leixlip, Co Kildare, for negligence and breach of statutory duty.
She claimed she had suffered nervousness, shock, anxiety and depression as a result of her son's accident on March 8th 1992 Mr Justice Lavan said that.
while he had a certain sympathy with Mr Burtt he was satisfied that the principles of law were very clear and he must find him guilty of negligence.
There was a heavy duty of care on the defendant, said the judge. He had a perfect view of the roadway and it was clear as he approached that the children on it were of a tender age. He said the defendant should have had regard to the fact that they would act in a heedless fashion and sounded his horn.
The judge said he was satisfied the mother had suffered emotional shock as a result of finding, her child injured on the roadway, and awarded her £30,000.
A settlement was reached man, earlier personal injuries action, brought against the driver on behalf of the child.
