Student to Receive €9 million Compensation for being Hit by a Bus
A student from Spain is to receive €9 million compensation for being hit by a bus after an assessment of his settlement was approved in the High Court.
Carlos Tesch was just twelve years of age when, on 4th February 2009, he was walking along Herbert Road in Bray, County Wicklow, with some fellow Spanish students. A group of youths who had previously been verbally abusive approached the students, and Carlos ran across into the street in order to avoid them.
As he ran out from the pavement, Carlos was hit by a bus coming up the road from behind him, and he suffered serious head injuries including a fractured skull. Due to his catastrophic injuries, Carlos is now unable to speak and can only walk a few steps unaided.
Through his father – Hans Tesch – Carlos claimed compensation for being hit by a bus against Dublin Bus – – the operators of the Bray service. Dublin Bus denied their liability for the boy´s injury, arguing that the driver of the bus could not have foreseen the teenager running out from the pavement.
However, a High Court ruling last year found Dublin Bus 70% liable for Carlos´ injuries as the driver had been distracted by talking with a passenger shortly before the accident occurred. The High Court verdict was appealed to the Supreme Court; but judges upheld the original decision and the compensation claim for being hit by a bus was returned to the High Court for the assessment of damages.
At the High Court, Ms Justice Mary Irvine heard that a €9 million settlement of compensation for being hit by a bus had been agreed, and the case was before her for the approval of the settlement. The circumstances of Carlos´ accident were related to the judge, and she also heard how Hans Tesch had given up his full-time job to care for his son.
After hearing that Carlos´ father had twice taken him to China for stem cell treatment, and that Carlos was able to attend the Spanish Institute during school hours, Ms Justice Mary Irvine approved the settlement; stating that she was aware of the sacrifices made by parents when their children are catastrophically injured.