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 €2.6million.
Shane Vickers, the High Court heard, was wearing dark clothing and appeared to be "weaving"on the road in the moments before the incident shortly before 1am.
Mr Justice Kevin Cross approved the settlement which represented 30 per cent 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. He 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.
Shane Vickers, Rockfield Park, Kilmacanogue, Co Wicklow had sued car driver Andrew Moran, Ripley Hills, Killarney Road, Bray, as a result of the accident on October 19th, 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 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 in to the future.