A man, who was hit by a Luas tram as he was crossing the Naas dual carriageway to catch a taxi, has had a negotiated settlement of Luas accident injury compensation approved in the High Court.
Derek Cross (52) from Clondalkin in Dublin was crossing the road to the taxi stop by the Red Cow Hotel when the accident happened on 15 September 2007. Having enjoyed an evening drinking with friends at the Bluebell United Football Club, Derek was hit by the Luas tram travelling from Kylemore to the Red Cow stop despite the driver applying the emergency brakes.
Derek sustained several broken ribs and a traumatic brain injury in the accident which have prevented him from working for the past five years and has forced him to use crutches if he travels any distance. After seeking legal advice, Derek made a claim for Luas accident injury compensation on the grounds that he was lawfully crossing the road and that the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport (formerly Connex Transport) had failed to provide proper signage and safe passage when crossing over tram lines.
The defendants disputed the claim, alleging that Derek was intoxicated at the time and had contributed to the cause of his injuries by his own lack of care. However, as Ms Justice Mary Irvine heard at the High Court, an offer of settlement amounting to 650,000 Euros had be made to Derek for his Luas accident injury claim, and the case was before her for approval of the settlement only.
Stating that the out-of-court agreement was a good one in light of the circumstances, and that Derek´s Luas accident injury compensation claim was not guaranteed to succeed if it was presented at court, Ms Justice Mary Irvine approved the settlement.