A man who suffered catastrophic injuries when a scrambler motorbike landed on him as he was sunbathing with his wife in a Dublin park has settled a High Court action for €5.2 million.
Ilabek Avetian had just moved to Ireland from Lithuania to begin a new life when the scrambler motorbike came over a hill at Darndale Park, Coolock, on June 9th, 2018 and collided with the couple.
Mr Avetian suffered a severe brain injury, fractures and lost an eye in the accident.
Jonathan Kilfeather SC, for Mr Avetian and instructed by Hennessy Perrozzi solicitors, told the court that his client has gone from being in a comatose state to having a limited ability to communicate.
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“While he cannot live an independent life, he can now enjoy some quality of life, as opposed to no quality of life.
“Two months after the accident, it was thought he would be in a vegetative state for the rest of his life. He has made great strides, which is due to the care by doctors and his wife,” counsel said.
Outside court, Anzhela Kotsinian said since the accident seven years ago, her husband has been cared for in hospital and a nursing home.
Ms Kotsinian, who wept in court as the settlement of her case and that of her husband was announced, said she now hoped she could provide care for her husband at home.
“The next stage begins where my husband will need a lot of care and treatment,” she said.
The couple had sued the Motor Insurer’s Bureau of Ireland (MIBI) and Dublin City Council. The driver and owner of the scrambler motorbike were later joined as co-defendants and judgment was secured against them in default of appearance. The MIBI were in the case as there was no insurance in place for the motorbike driver.
Counsel told the court that the issue between the MIBI and Dublin City Council had been resolved and the case against the council could be struck out. The settlement of Mr Avetian’s case and costs are against the MIBI.
Ms Justice Leonie Reynolds praised the legal teams for reaching a settlement in such a complex case and said it was clear the proceedings which involved complex legal issues could have been bogged down in the system for years to come. She said the settlement was a good outcome in all the circumstances.
The judge said it was a tragic set of circumstances and the consequences for the couple were “absolutely devastating”.
“No money is ever going to compensate them but I hope that it will now provide care for both of them,” the judge added.
