A €9 million settlement of compensation for critical injuries due to a bus accident has been approved in the High Court in favour of a Spanish student.
On February 4th 2009, twelve-year-old Carlos Tesch was walking along Herbert Road in Bray, County Wicklow, with some fellow Spanish students when a number of youths, who had previously been verbally abusive to them, started to approach the group.
Carlos tried to avoid the older boys by running out into the street; but, as he did so, he was struck by a bus coming up the street from behind him. Carlos suffered catastrophic head injuries in the accident – fracturing the base of his skull, and leaving him unable to talk or walk more than a few steps without help.
Carlos´ father – Hans Tesch – gave up his managerial position to care for his son, and has twice taken him to China for stem cell treatment. Despite his severe disabilities, Carlos still manages to attend the Institute of Further Education in his home town of Bray, County Wicklow, during school hours.
Through his father Carlos claimed compensation for critical injuries due to a bus accident against the operators of the Bray service – Dublin Bus. Dublin Bus denied their liability for Carlos´ catastrophic injuries, arguing that it was unreasonable for the driver of the bus to predict when a child would run out into the road.
Last year the claim proceeded to the High Court, where Dublin Bus was found to be 70 percent liable for Carlos´ injuries after it was admitted that the bus driver had been distracted by a passenger just before Carlos ran out from the pavement. Dublin Bus appealed the High Court decision, but the verdict was upheld by the Supreme Court and the claim returned to the High Court for the assessment of damages.
This week at the High Court, Ms Justice Mary Irvine heard that a €9 million settlement of compensation for critical injuries due to a bus accident had been agreed and, after being told the circumstances of Carlos´ terrible accident – and the care his father had provided in the five years since – Judge Irvine said that her experience of cases such as this made her aware of the sacrifices that parents make when their children are badly injured.
The judge then closed the hearing after approving the settlement.