Boy knocked down by "electric car" awarded 55K

And so it begins................

https://www.irishexaminer.com/breakingnews/ireland/boy-who-was-knocked-down-by-electric-car-he-did-not-hear-coming-settles-case-for-55000-937868.html

A boy who was knocked down by an electric car in a car park has settled his High Court action for €55,000.

Sean Leahy was five and a half years old at the time of the incident in which he was knocked to the ground and fractured his lower leg.

The boy had to be taken to hospital and missed three weeks of school as result of the accident, his counsel Sean O Huallachain SC told the court.

Liability was not at issue in the case Counsel said.

Sean Leahy, now aged eight of St Sampsons Square, Balgriffin, Dublin had through his father John Leahy sued the owner of the electric car Fiona Bonke whose address was given as care of AXA Insurance DAC, Wolfe Tone Street, Dublin.

It was claimed as the boy, along with his mother and siblings crossed the car park at Baldoyle Industrial Estate, Dublin on October 13, 2016, the electric car suddenly and without warning engaged and drove across the car park and collided with the child.

It was alleged the vehicle shot out from the parking spot and there was no warning as the car was electric and did not make a noise.

Counsel said the electric car took off and hit the boy who sustained a fracture to his lower leg and had to be taken to hospital. The boy also suffered a laceration to his head when the car door hit him.

Counsel said the boy was in plaster after the accident and also needed physiotherapy. He wore an orthopaedic boot until January 2017 and immediately after the accident had to use a wheelchair as he was not able to use crutches.

The boy's sleep was also affected for a time but Counsel told the court he now likes to play soccer.

Approving the settlement Mr Justice Kevin Cross said the boy had got a very good settlement and he has made a substantial recovery. The judge said had a court awarded more it was unlikely the Court of Appeal would stand over it.

Was it because no one was looking if anything was coming before they crossed or because the car was quiet or was it simply drivers fault regardless, all I heard hear is blaming the "quiet electric car"

I have seen it myself, people cross simply because they don't hear me coming but I blip the horn, it's not rocket science, everyone has a part to play !

How do we deal with People crossing the street with headphones on and eyes glued to the screen ? ban phones ? ban headphones or simply make People responsible ?

But I'm delighted the little fellow made a full recovery, an injured Child or worse is a Parent's worst nightmare , I have a 5 year old myself.

gctest50

"Judge O’Sullivan heard that the driver of the electric car, Fiona Bonke, had just exited the vehicle through the passenger door when the vehicle took off across the car park"

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/electric-car-took-off-and-hit-boy-after-being-parked-court-hears-1.3487975

maximoose

gctest50 wrote: »

"Judge O’Sullivan heard that the driver of the electric car, Fiona Bonke, had just exited the vehicle through the passenger door when the vehicle took off across the car park"

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/electric-car-took-off-and-hit-boy-after-being-parked-court-hears-1.3487975

Yeah, wtf? How did this happen?

gctest50

gctest50 wrote: »

"Judge O’Sullivan heard that the driver of the electric car, Fiona Bonke, had just exited the vehicle through the passenger door when the vehicle took off across the car park"

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/electric-car-took-off-and-hit-boy-after-being-parked-court-hears-1.3487975

maximoose wrote: »

Yeah, wtf? How did this happen?

Isn't it amazing how these so called Journalists don't report the facts or did I miss that in my quote ? I don't think so, it's as if they were trying to blame the quiet electric car in the Examiner report.

gctest50

[Deleted User] wrote: »

Isn't it amazing how these so called Journalists don't report the facts or did I miss that in my quote ? I don't think so, it's as if they were trying to blame the quiet electric car in the Examiner report.

An electric-powered Renault hybrid car, having been parked by its driver, raced of its own accord across a car park, striking and injuring a five-year-old child, a judge heard Tuesday.

One eyed Jack

maximoose wrote: »

Yeah, wtf? How did this happen?

Car appears to have had an AI mind of it’s own! :pac:


I know nothing about EVs or cars in general but do they have a hand-brake that the owner of the vehicle could have left off? The fact that she exited through the passenger door makes me wonder how tightly was she parked to the car beside her.

Having silent cars make warning noises to alert pedestrians does seem to defeat one of their main advantages though as far as noise pollution goes, I didn’t mean one of their main advantages being they could be used to covertly target pedestrians... that would be wrong :pac:

Wheety

The judge and the boy's barrister both said that the initial offer of €45k wasn't enough.

Fair enough, I think this is a case for compensation, more so than Kevin Cross's other recent approval for the girl falling off a trampoline.

But is €10k plus all medical bills not enough? Or even €15k?

Soarer

He got knocked down by the car AND received a laceration to the head when the door hit him?

I actually noticed recently that my Leaf doesn't emit any noise when I'm reversing...only when I'm going forward.

KCross

Soarer wrote: »

I actually noticed recently that my Leaf doesn't emit any noise when I'm reversing...only when I'm going forward.

An interesting point which they also made on FullyCharged recently.

The EU are dictating that EV's should make a sound going forward but nothing mandated for going backwards which is really where the sound is needed as the driver should be watching when driving forward but not always as easy to see a child when reversing.

Lumen

Sounds like a handbrake malfunction/failure to apply.

KCross

Lumen wrote: »

Sounds like a handbrake malfunction/failure to apply.

I'd say she forgot to put it in park and the hand brake wasnt strong enough to hold it or she didnt put on the hand brake either.

I dont believe the "... Renault electric car took off of its own accord...".
Thats somewhat hard to believe.

kanuseeme

perhaps we need a supervisor for parking cars as well as supervisors for swings.

Either way it's driver error and nothing to do with silent EV , the driver was not in control and the article could simply have said "car"

Was it under power or just rolling ?

The i3 won't move if the drivers door opend the car applies the parking brake automatically , handy for people like that but a right pain in the arse when you have to get out to open the gate and then get in , power it up again then get out to close the gate again, the car has shut off, applied the parking brake and you have to repeat.

Has it really come to the point where People have to be told and forced to do everything ?

Perhaps Musk can plant his new chip in People like this !

colm_mcm

From the Indo

A driverless Renault hybrid car raced across a car park and hit and injured a five-year-old child, a court has heard.
Judge Terence O'Sullivan heard that the car had been parked by its driver, Ms Fiona Bonke, and she had just left the vehicle through the passenger door when it shot across the car park outside a gym in Baldoyle, Dublin.

Barrister Fiona Crawford told the judge that Sean Leahy's mother, Jean Leahy, bravely attempted to pull her son and other children clear of the path of the driverless car but it had struck Sean, breaking his right leg.

Ms Crawford, who appeared for Sean, said in the Circuit Civil Court that the car had continued until it crashed into another parked vehicle on the opposite side of the car park attached to the Arabian Gym on Baldoyle Industrial Estate.

The judge heard Ms Bonke had immediately rushed to help Sean and his mother.

Ms Crawford said that Sean, of St Samson's Square, Balgriffin, Co Dublin, had been to the gym with his mother and sister on October 13, 2016. They had been walking across the car park when the incident occurred, the court heard.

Sean, who is now aged seven, had sued Ms Bonke through his father, John.

The boy had been taken on a spinal board to Temple Street Children's Hospital, where an X-ray confirmed he had suffered an undisplaced fracture. His leg had been put in a plaster to above his knee.

The judge said having read the medical reports associated with Sean's treatment and recovery it was clear he had also suffered a significant post-traumatic stress disorder. He said an Injuries Board assessment of €45,000 was not appropriate in the circumstances and felt that proceedings on the boy's behalf should be taken in the unlimited jurisdiction of the High Court.

"I would have no difficulty in awarding the full €60,000 jurisdiction of the Circuit Court in this case and I will refuse to approve the Injuries Board assessment," the judge said. "Proceedings should now be taken in the High Court."

He said Sean, because of his leg cast, had been confined for some time to a wheelchair and had missed playing sports and a number of birthday parties of his friends. He had been in the cast until Christmas of 2016.

Ms Crawford said she had considered the assessment, even for the undisplaced fracture alone, to be very much on the low side.

She said an opportunity would be given to Ms Bonke's insurance company to re-engage in the matter.

https://www.independent.ie/irish-news/courts/boy-5-sues-after-runaway-hybrid-car-breaks-his-leg-36888261.html

Fann Linn

colm_mcm wrote: »

From the Indo

Ms. Bonke. Mmmm

colm_mcm

Fann Linn wrote: »

Ms. Bonke. Mmmm

https://www.flickr.com/photos/91162693@N04/35347386134
https://w.janaganamana.net/mana/diseases?q=daramcmahonofaerlingus

Not too common a name. Scary that she’s a pilot.

Patser

Couple of things:

Considering the well known Swinggate was for €60K, and that there are people getting €50k for scars, €55,000 for a broken leg from a runaway car seems surprisingly reasonable

2ndly, Driver was exiting from passenger seat, you'd have to wonder if when clambering over from driver's seat did she accidently hit something like accelerator or handbrake

Finally, what Hybrid did Renualt make? Fluence was ZE only, and Zoe is electric only - did Renault have a hybrid? Edit: Examiner says Electric car, Indo says Hybrid, so maybe Indo being as thorough as ever

colm_mcm

Renault don’t do hybrids, well they do (not in the mound of a Prius, more an assist for a diesel) but they’re not the kind of hybrid that can run the car on the battery alone, plus they’re manual.

colm_mcm

I’d imagine it might have been a Renault Twizy, would explain getting out the “passenger” door?

The silence is a good aspect of the electric car. I don't own one, and I've no intention of owning one anytime soon, as it wouldn't suit me, but i always thought the silence would be a great bonus.


Anyway, despite the car probably rolling at about 1/2 km a week, it is described as 'raced across' a car car park, which makes every line after that seem like exaggerated nonsense to me, too. I'd say there was no brake applied and the car, whether it be electric, diesel, petrol or running on water, did what a car on a slope does, and it rolled away.

fritzelly

Rise of the Machines - nuff said!

endacl

“Bonke”

gctest50

colm_mcm wrote: »

https://www.flickr.com/photos/91162693@N04/35347386134
https://w.janaganamana.net/mana/diseases?q=daramcmahonofaerlingus

Not too common a name. Scary that she’s a pilot.

colm_mcm wrote: »

............

Scary that she’s a pilot.

Why is it scary that she is a pilot ?

colm_mcm

gctest50 wrote: »

Why is it scary that she is a pilot ?

Because she can’t operate a car.

gctest50

colm_mcm wrote: »

Because she can’t operate a car.

How do you know she can't operate a car ?

colm_mcm

gctest50 wrote: »

How do you know she can't operate a car ?

Because you’re not supposed to knock kids down with them, plus you’re not supposed to operate one while you’re not actually in the car. That’s pretty much a given.

Silent Running

gctest50 wrote: »

How do you know she can't operate a car ?

Well she either ran the kid down on purpose, or she was not able to control her car. Which do you think it was?

gctest50

colm_mcm wrote: »

Because you’re not supposed to knock kids down with them, plus you’re not supposed to operate one while you’re not actually in the car. That’s pretty much a given.

How do you know it wasn't mechanical/electrical failure/error ?

One eyed Jack

colm_mcm wrote: »

I’d imagine it might have been a Renault Twizy, would explain getting out the “passenger” door?

Oh dear, it’s even uglier than that car with the massive arse! :eek:





But that certainly explains the “passenger” door exit observation.

colm_mcm

gctest50 wrote: »

How do you know it wasn't mechanical/electrical failure/error ?

Because liability wasn’t contested

Liability was not at issue in the case Counsel said

Patser

One eyed Jack wrote: »

Oh dear, it’s even uglier than that car with the massive arse! :eek:





But that certainly explains the “passenger” door exit observation.

The doors on a Twizy are an optional extra, so she mighn't have even had a passenger door? Plot thickens

Atlantic Dawn

So was the car left in drive and the driver went away with the fairies while the car moves exactly as it should?

colm_mcm

. The boy also suffered a laceration to his head when the car door hit him

Never spotted this

jusmeig

The article makes the car sound like an evil automous killing machine, the T-800 of the electric car world. It does not feel remorse or pitty, and it absolutely will not stop....ever...until it silently attacks Sarah Conors.

Bs. Nothing at all to do with quiet/electric.
Accident. Involving a car, that happens to be electric.

jusmeig

jusmeig wrote: »

Bs. Nothing at all to do with quiet/electric.
Accident. Involving a car, that happens to be electric.

Yes but it's all to re-enforce the idea that electric cars have to be noisy because some People can't except change and can't see the benefit to much quieter towns and cities, noise after all is form of pollution.

Just imagine all the different cars emitting different electronic noises, I guarantee it will be head wrecking.

Ever heard the Zoe noise ? it's absolutely ridiculous , each EV model with a different pitch, different tone, frequency etc.

One day future generations will laugh their heads off just like we do now when we hear the stories that electric cars back in the 1930's or whenever were deemed good for Women drivers because they couldn't go over 12 mph. One day we will see how ridiculous making electric cars emit stupid noise pollution is.

As I keep saying, get people to get their heads out of their phones and headphones off so they can be aware of their environment !

charlieIRL

The paper really dramatised the story to make it more shocking and therefore make a headline out of it...the Renault hybrid car raced across the road!!

Joseph SEE

charlieIRL wrote: »

The paper really dramatised the story to make it more shocking and therefore make a headline out of it...the Renault hybrid car raced across the road!!

That's probably what was stated in court and the idiot judge likely let it go before handing out a wodge of cash (above the recommendation) and contributing to
inflated insurance costs.

Judges - never have such a class of professionals been so inept for such important roles. Average IQ of lawyers is supposedly 108 (US-based). To put that in context English undergraduates have an average IQ of 120.

A lot of these judges that we have in Ireland are not smart people. They have no understanding of science, zero comprehension of statistics and no knowledge of psychology or medicine. All of the things you'd think would be necessary to be a good judge are therefore completely absent.

Atlantic Dawn

€55k, how many policies would Axa need to make that back, 500, it's pure money for old rope.

ED E

Atlantic Dawn wrote: »

€55k, how many policies would Axa need to make that back, 500, it's pure money for old rope.

Haha, ha.

€55k is pennies compared to the legal costs they've incurred.

Atlantic Dawn

ED E wrote: »

Haha, ha.

€55k is pennies compared to the legal costs they've incurred.

Lad misses 3 weeks of school, missed some sleep for 'a time' but now plays soccer should perhaps think of the incident as a bonus, he now plays soccer, before the accident he might have just sat on his hole playing his X-Box.

I suppose to be fair the legal team didn't play the 'he was going to be a model but now has a 1 inch mark on his leg', 'he was going to play for Ireland but now won't' cards.

PsychoPete

Lumen wrote: »

Sounds like a handbrake malfunction/failure to apply.

The Zoe has a manual handbrake, I'd have thought she either didn't pull the handbrake or didn't pull it enough and left the car in neutral

Atlantic Dawn

PsychoPete wrote: »

The Zoe has a manual handbrake, I'd have thought she either didn't pull the handbrake or didn't pull it enough and left the car in neutral

It had to be driver error, if there was any doubt on the car's design it would be mentioned that Renault should review it.

PsychoPete

Atlantic Dawn wrote: »

It had to be driver error, if there was any doubt on the car's design it would be mentioned that Renault should review it.

Exactly my thinking, the kid is lucky it was just a fractured leg. It could have been a lot worse

Odyssey 2005

One eyed Jack wrote: »

Car appears to have had an AI mind of it’s own! :pac:


I know nothing about EVs or cars in general but do they have a hand-brake that the owner of the vehicle could have left off? The fact that she exited through the passenger door makes me wonder how tightly was she parked to the car beside her.

Having silent cars make warning noises to alert pedestrians does seem to defeat one of their main advantages though as far as noise pollution goes, I didn’t mean one of their main advantages being they could be used to covertly target pedestrians... that would be wrong :pac:

A pissed off KITT. . She probably had a row with him :)

ted1

[Deleted User] wrote: »

Either way it's driver error and nothing to do with silent EV , the driver was not in control and the article could simply have said "car"
!

I don’t think you can make a statement like that. An ICE would have a nose associated with it that may or may not have alerted the boy to move.

pwurple

ted1 wrote: »

I don’t think you can make a statement like that. An ICE would have a nose associated with it that may or may not have alerted the boy to move.

EV's all make noises at low speeds too, it's just a different noise, a sort of whistle.

The problem was the car was not in control... seeing as the driver was not in it! It could most definitely have been worse, I wouldn't want to be hit by a hunk of metal travelling at speed, let alone a 5 year old, he was lucky he was just clipped. Only last week a 7 year old was killed by another driverless car... Rolling car
It rolled back in a driveway and crushed her.

Here's another set of examples.
https://www.rospa.com/rospaweb/docs/campaigns-fundraising/driveway-safety-leaflet.pdf

Wheety

ED E wrote: »

Haha, ha.

€55k is pennies compared to the legal costs they've incurred.

These settlements are usually an amount + legal costs.

Gumbo

ted1 wrote: »

I don’t think you can make a statement like that. An ICE would have a nose associated with it that may or may not have alerted the boy to move.

Not really as the car was off and she was exiting the car so an ICE would have been silent too.

zilog_jones

Yes, parked ICE cars roll away in silence on a regular basis due to handbrake failure (or failure to apply).

beauf

I though it said hybrid, why do we assume its EV?