A five-year-old girl who suffered a catastrophic brain injury from a car crash has secured a €4.7 million interim payout in settlement of her High Court action.
Luna Vezignol McGuinness was only three and a half months old when the accident happened in Lissycasey, Co Clare on February 27th, 2016. Luna was on holiday with her mother and father at the time.
The little girl had sued the driver of the car, her father Laurent Vezignol and the owner of the car Flynn Bros Rent a Car Ballygar, Athlone Road, Roscommon town.
She brought the proceedings through her mother Orla Vezignol McGuinness. The family now live in Donadea, Co Kildare.
Luna’s counsel Oonah McCrann SC instructed by Ernest Cantillon solicitor said the case arose from particularly tragic circumstances. Counsel said Luna’s father, who is a French national, had in driving away from a petrol station in Lissycasey, ‘a momentary lapse of concentration’ and pulled out on to the road before the baby was strapped in. Luna was unrestrained at the time of the head-on collision.
Counsel told the court Luna’s mother and uncle suffered significant injuries in the accident, but they have not brought claims. Luna, counsel said, has a type of cerebral palsy and is a beautiful little girl.
Humbled by care
Her father works full-time and her mother, she said, devotes “every minute of every day” to her daughter’s care. She said the judge who had been hearing the case before it settled, Ms Justice Bronagh O’Hanlon had remarked she was humbled listening to the care and love provided by Luna’s parents.
Approving the interim payment Mr Justice Kevin Cross said both parents have been heroes in caring for their daughter who has come on tremendously as a result. He said Luna’s claim was a necessary claim, and he noted that other significant claims by Luna’s mother and uncle could have been made, but were not.
He said he echoed the sentiments of Ms Justice O’Hanlon made earlier in the case and he wished the family all the best for the future. Lunas’ case will come back before the court in five years when her future care needs will be assessed.
At the opening of the action in the Four Courts this week Ms McCrann with Pearse Sreenan SC told the court the couple who were living in South America at the time had come here on holiday to “to show off the baby to the grandparents.”
In that instance the family’s lives imploded
Counsel said the family had stopped at a garage in Lissycasey to buy chocolates for a friend they were going to visit next. While her mother was in the shop, Luna’s Dad took his daughter out of her seat to comfort her.
When Luna’s mother returned, she took her daughter and was strapping her into her seat when Mr Vezignol a French national pulled the car out on to the road. Counsel said Luna was unrestrained at the time of the collision.
“In that instance the family’s lives imploded,” Counsel told the court.
The baby suffered multiple skull fractures and she was taken by helicopter to a hospital in Limerick and later transferred to Dublin where she had surgery. She was not discharged from hospital until the end of April 2016 and she then spent four months in the National Rehabilitation Hospital.
Counsel said Luna is very much loved and brings joy to all her family.
Liability was admitted in the case which was before the court for assessment of damages only.
