'Pontificating won't change what young men do in cars' - says judge after boy settles crash case

The High Court heard the boy, who was 14 years old at the time, suffered catastrophic injuries and there was an issue as to whether he was wearing a seatbelt at the time.

The settlement is against the Motor Insurers‘ Bureau of Ireland. The case against the car owner, Jake’s brother Kevin and his brother Gerard who was driving the car were struck out.

Jake McGrath of Trillium, Ture, Muff, Co Donegal had, through his mother Caroline McGrath, sued his brothers Kevin and Gerard of the same address and the MIBI.

It was claimed the car was driven too fast and was driven off the public road.

Richard Lyons SC told the court that Jake had gone with his brother Gerard to view a tractor and trailer on his uncle’s farm.

Counsel said Gerard was driving his brother Kevin’s car and was not insured.

Counsel said they were on their way home before midnight on the Muff to Burnfoot Road when the car went over the white line and hit the pole landing on its roof.

Counsel said Jake had been sitting in the back of the car and there was an issue as to whether he was wearing a seatbelt.

Kevin the owner of the car, he said, admitted liability but pleaded the car had been taken without his permission. It was agreed, counsel said, that there be no order against the driver Gerard McGrath.

Jake, he says, suffered skull fractures and other injuries but was able to return to school and is able to walk.

Approving the settlement, Mr Justice Kevin Cross said Jake has suffered significant injuries, but the accident could have been fatal.

The judge said there was no point him making pronouncements about what young men do in cars. Pontificating, he said, would not change that.