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Injured child gets 11.5 million euros

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    #362
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    prinz wrote: »
    It was the mother, the MIBI pay on her behalf because she's uninsured. Separately the MIBI take a case against her to have a judgement made against her



    http://www.rte.ie/news/2012/0420/largest-settlement-ever-in-high-court-11-5m.html

    Do you have any evidence that she wasn't the named defendant?

    Courts website
    http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/36C77B40A61FCB6C802577230041B064?opendocument&l=en&p=010

    KENNEDY [MINOR] -V- KENNEDY & ANOR 2010/5037 P
    Defendant Name: KENNEDY MARTIN Solicitor Firm: HARRISON O DOWD Defendant Name: MIBI Solicitor Firm: HARRISON O DOWD


    Don't believe everything you read in the papers.


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    #363
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Motorist wrote: »
    They won't sue most likely.

    They always sue. Look at the register of judgements published. There are frequently judgements obtained by the MIBI.

    Here are some of this years cases from www.courts.ie

    Cases By Plaintiff
    Plaintiff Record Number Title View Details
    MIBI 2012 252 S MIBI -V- GLEESON View
    MIBI 2012 253 S MIBI -V- MOOREHOUSE View
    MIBI 2012 268 S MIBI -V- DELAHUNTY View
    MIBI 2012 269 S MIBI -V- BAILEY View
    MIBI 2012 270 S MIBI -V- UMBA View
    MIBI 2012 271 S MIBI -V- PALUSZYNSKI View
    MIBI 2012 272 S MIBI -V- BYRNE View
    MIBI 2012 273 S MIBI -V- TOBIN View
    MIBI 2012 274 S MIBI -V- BASSEY View
    MIBI 2012 275 S MIBI -V- TIMOTHY View
    MIBI 2012 276 S MIBI -V- GREENE View
    MIBI 2012 277 S MIBI -V- KELLY View
    MIBI 2012 962 S MIBI -V- OWENS View
    MIBI 2012 1187 S MIBI -V- WILSON View
    MIBI 2012 1190 S MIBI -V- MORGAN View
    MIBI 2012 1224 S MIBI -V- BAKER View
    MIBI 2012 1276 S MIBI -V- BYRNE View
    MIBI 2012 1277 S MIBI -V- HANLON View
    MIBI 2012 1278 S MIBI -V- LINNANE View


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    #364
    Monty Burnz
    Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    Captain Darling wrote: »
    I'm sure there was a punishment specific to her driving without insurance, separate to this claim.

    Almost certainly not. She probably pointed to her poor son again and walked out of the court.


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    #365
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    Milk & Honey wrote: »
    Don't believe everything you read in the papers.

    Is that it? Who is Martin Kennedy?


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    #366
    Monty Burnz
    Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    Milk & Honey wrote: »
    Courts website
    http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/36C77B40A61FCB6C802577230041B064?opendocument&l=en&p=010

    KENNEDY [MINOR] -V- KENNEDY & ANOR 2010/5037 P
    Defendant Name: KENNEDY MARTIN Solicitor Firm: HARRISON O DOWD Defendant Name: MIBI Solicitor Firm: HARRISON O DOWD


    Don't believe everything you read in the papers.

    "KENNEDY [MINOR] -V- KENNEDY & ANOR 2010/5037 P" - I presume that she is the second Kennedy, and "ANOR" is "another"?


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    #367
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Monty Burnz wrote: »
    "KENNEDY [MINOR] -V- KENNEDY & ANOR 2010/5037 P" - I presume that she is the second Kennedy, and "ANOR" is "another"?

    The Kennedy is Martin Kennedy ANOR = another MIBI.


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    #368
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    prinz wrote: »
    Is that it? Who is Martin Kennedy?

    Martin Kennedy is presumably the owner of the car.


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    #369
    micropig
    Closed Accounts Posts: 2,366 ✭✭✭micropig


    prinz wrote: »
    Is that it? Who is Martin Kennedy?

    The childs Grandfather??


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    #370
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    micropig wrote: »
    The childs Grandfather??

    As defendant?


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    #371
    gerryo777
    Closed Accounts Posts: 2,216 ✭✭✭gerryo777


    manutd wrote: »
    What happened to the mother then, ie. driving without insurance?

    Jeez, I don't know.
    Maybe she has to live with the consequences of her actions for the rest of her life!!!


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    #372
    micropig
    Closed Accounts Posts: 2,366 ✭✭✭micropig


    Milk & Honey wrote: »
    As defendant?

    Oops, yes I see the flaw there...Who is he so?


    Owner of the car....Is it the childs father?


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    #373
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    micropig wrote: »
    Oops, yes I see the flaw there...Who is he so?


    Owner of the car....Is it the childs father?

    Maybe he is the owner of the car and grandfather and the mother acted as next friend in the action against him. It just means the case was reported backways.


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    #374
    Worldsgonemad
    Closed Accounts Posts: 2 ✭Worldsgonemad


    This case dosn;t make any sense. The woman shouldn;t have been on the road as she wasn't insured, she was at fault for the accident because she lost concentration. Then her mother brings her to court and they win 11 million euros. It could only happen in Ireland


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    #375
    gerryo777
    Closed Accounts Posts: 2,216 ✭✭✭gerryo777


    shankespony wrote: »
    what a country we live in, we couldn't find that amount during the celtic tiger to give young girls the cancer vaccine!

    I think you'll find we did....


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    #376
    gerryo777
    Closed Accounts Posts: 2,216 ✭✭✭gerryo777


    Worldsgonemad wrote: »
    This case dosn;t make any sense. The woman shouldn;t have been on the road as she wasn't insured, she was at fault for the accident because she lost concentration. Then her mother brings her to court and they win 11 million euros. It could only happen in Ireland

    What should she do with her seriously injured son?

    This happens in every country, not just Ireland.

    Gotta say, the venom from some posters on here borders on the hysterical.


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    #377
    Callan57
    Registered Users Posts: 4,160 ✭✭✭Callan57


    telekon wrote: »
    I don't get it. Who exactly is paying the money? She wasn't insured and Im sure is not a multi millionaire?

    Who do you honestly think is paying it? ...... It will be you, me & ever other INSURED driver in the country who will pay this bill. I don't begrudge the payment to the child as his life has clearly been ruined but I did think the mother has a brass neck appearing on the 9pm News all concerned & caring .... wonder was she ever charged with driving without insurance? :confused:


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    #378
    drkpower
    Registered Users Posts: 5,475 ✭✭✭drkpower


    prinz wrote: »
    In the real world when doctors, drivers, pilots, fairground workers etc etc suffer lapses in concentration which result in injuries and death.....
    ....they dont usually go to jail, or anything close.

    I hope that the mother was prosecuted for (at least) driving without insurance, but the usual penalty for that is a fine, penalty points and/or a loss of license.

    The fact that the consequences of one's actions is tragic does not usually mean that the perpetrator should be punished more severely (at least from a criminal perspective). Looking at the example you used: take 2 doctors; one makes an error (through loss of concentration or whatever) and a patient suffers severe pain; another makes an error and someone dies; the consequences will not affect the criminal responsibility of either.


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    #379
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    Monty Burnz wrote: »
    Almost certainly not. She probably pointed to her poor son again and walked out of the court.

    The idea of legal punishment is as a deterrent. I think the punishment for her is far more severe than for most that were or will be caught driving without insurance.


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    #380
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    drkpower wrote: »
    ....they dont usually go to jail, or anything close.

    I hope that the mother was prosecuted for (at least) driving without insurance, but the usual penalty for that is a fine, penalty points and/or a loss of license.

    The fact that the consequences of one's actions is tragic does not usually mean that the perpetrator should be punished more severely (at least from a criminal perspective). Looking at the example you used: take 2 doctors; one makes an error (through loss of concentration or whatever) and a patient suffers severe pain; another makes an error and someone dies; the consequences will not affect the criminal responsibility of either.

    http://www.pluk.co.uk/2009/former-locum-given-three-month-suspended-sentence-for-dispensing-error/ (although in the UK)

    One simple error resulted in a criminal conviction and loss of livelihood.


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    #381
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Might seem nasty to type this but suppose the child dies in two or three years :(

    I assume the MIBI are going to come back to take back the money.
    Or maybe the court award is final it can't be reversed

    Wonder if a legal eagle would know the answer?
    I read the last few pages [it's a long thread] but didn't see an answer realy


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    #382
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    mikemac1 wrote: »
    Might seem nasty to type this but suppose the child dies in two or three years :(

    I assume the MIBI are going to come back to take back the money.
    Or maybe the court award is final it can't be reversed

    Wonder if a legal eagle would know the answer?
    I read the last few pages [it's a long thread] but didn't see an answer realy

    Ridiculous to think that this award is based on an estimation of how long the child will live. What if that estimation is grossly wrong ? Ah sure it's only the money of law-abiding fools who pay their car insurance.


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    #383
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    mikemac1 wrote: »
    Might seem nasty to type this but suppose the child dies in two or three years :(

    I assume the MIBI are going to come back to take back the money.
    Or maybe the court award is final it can't be reversed

    Wonder if a legal eagle would know the answer?
    I read the last few pages [it's a long thread] but didn't see an answer realy
    Motorist wrote: »
    Ridiculous to think that this award is based on an estimation of how long the child will live. What if that estimation is grossly wrong ? Ah sure it's only the money of law-abiding fools who pay their car insurance.

    Paymens are on a per needed basis, controlled by the court. In the event the child died, the payments stop.


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    #384
    Monty Burnz
    Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    gerryo777 wrote: »
    What should she do with her seriously injured son?

    This happens in every country, not just Ireland.

    Gotta say, the venom from some posters on here borders on the hysterical.
    Without reading all the posts, I suppose it just seems a bit much that the woman could be driving illegally and cause a crash, and we have to pick up the pieces to the tune of 11.5 million euros. How many lives would that save in screening and treatment for other people?

    Of course, the child is blameless.


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    #385
    Royal Legend
    Registered Users Posts: 2,655 ✭✭✭Royal Legend


    First of all, I am very sorry to hear that the child has and still suffers like he does.

    But for the life of me what I don't get is that the child is on the news, with his mother beside him, celebrating would be the wrong word, but posing for pictures in the biggest settlement ever for this type of case. Has that mother no morality? I understand that the costs so far and in the future will be huge, and I understand that it must be a huge and heavy burden for the mother to carry, but I can't help think that €11.50m will soften the blow for her a bit. Who ends up paying that €11.50m, as far as I am aware its us when we go to renew our insurance, although I would rather be contributing to that childs welfare then bailing out Quinn Insurance, which I am definately paying for


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    #386
    Monty Burnz
    Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz


    robbie7730 wrote: »
    The idea of legal punishment is as a deterrent.
    Punishment and deterrent both, surely?


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    #387
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    robbie7730 wrote: »
    Paymens are on a per needed basis, controlled by the court. In the event the child died, the payments stop.

    Incorrect.


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    #388
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    robbie7730 wrote: »
    Paymens are on a per needed basis, controlled by the court. In the even the child died, the payments stop.

    But this is one payment from what I've read

    I haven't seen anything about MIBI paying this annually

    Sorry, probably getting a bit technical in how the money will paid but just interested in it

    I read most of the thread and it seemed to me to be one lump sum and that's it

    And why would it be one lump sum
    MIBI should review every year, if there is inflation it can be adjusted and pay out once a year
    But if the child dies, then that's it, payments over

    Nobody know where we will be in a few decades times. A lump sum is crude and inaccurate


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    #389
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    mikemac1 wrote: »
    But this is one payment from what I've read

    I haven't seen anything about MIBI paying this annually

    Sorry, probably getting a bit technical in how the money will paid but just interested in it

    I read most of the thread and it seemed to me to be one lump sum and that's it

    Maybe so. I thought it was ongoing court controlled payments.


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    #390
    gerryo777
    Closed Accounts Posts: 2,216 ✭✭✭gerryo777


    Monty Burnz wrote: »
    Without reading all the posts, I suppose it just seems a bit much that the woman could be driving illegally and cause a crash, and we have to pick up the pieces to the tune of 11.5 million euros. How many lives would that save in screening and treatment for other people?

    Of course, the child is blameless.

    But sure if she was insured the child's grandad or whoever could still sue the mother for compensation.
    Where do you think the money would come from then?

    It was an accident for ****'s sake, she hardly did it on purpose and she has to deal with the consequences for the rest of her life.

    I really am stunned by the reaction to this.


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    #391
    Jim_Kiy
    Closed Accounts Posts: 482 ✭✭Jim_Kiy


    Callan57 wrote: »
    Who do you honestly think is paying it? ...... It will be you, me & ever other INSURED driver in the country who will pay this bill. I don't begrudge the payment to the child as his life has clearly been ruined but I did think the mother has a brass neck appearing on the 9pm News all concerned & caring .... wonder was she ever charged with driving without insurance? :confused:

    Or Dangerous driving?


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