A brain-damaged girl, who sued former Kerry GAA footballer Denis "Ogie" Moran for damages arising from injuries sustained in a road accident when she was aged four, is to be paid €1.2 million and costs under a settlement approved by the High Court.
Nicole Patricia Fitzpatrick (12), suing by her father Mr William Fitzpatrick, Benmore, Ballyduff, Co Kerry, was in a carrier on the back of a bicycle being ridden by her uncle, Mr James Fitzpatrick, at Benmore on November 18th, 1995, when a motor vehicle driven by Mr Moran collided with the back of the bicycle.
Liability was admitted and the court was asked to assess damages.
Mr Pádraig McCartan SC, for the girl, told Mr Justice O'Donovan that Mr Moran had said the sun was in his eyes as he was going up a hill and he did not see the bicycle.
Mr McCartan said Nicole was brought to Tralee General Hospital and put on a ventilator as there was a danger in relation to her breathing.
She was transferred to Cork Regional Hospital where a CAT scan revealed bruising of the brain.
In 1998, her parents found the child was becoming hyperactive and throwing tantrums.
All measures of educational attainment by her were poor. She had a mild learning disability, immature social behaviour and concentration difficulties.
Nicole was showing signs of behavioural/psychological difficulties, anxiety and dependence on her mother and social difficulty in relationships with friends and family. It was likely these difficulties would impact more on her ability to function as she grew older.
The medical reports also indicated that there was damage to the frontal lobes of the brain.
A consultant child psychologist in her report said she believed that Nicole would become increasing socially isolated as she grew older.
