Personal Injury Compensation

€550,000 Brain Injury Compensation Settlement for Tram-Surfing Girl

October 22nd, 2018. By Compensation News.

A 20-year-old Dublin girl has been awarded €550,000 brain injury compensation in relation to an accident that occurred when she was ‘tram-surfing’.

In the legal action before the High Court, Ms Kelly had her settlement with Luas operators Veolia approved in relation to the accident which took place when she was 13-years-old.

Ms Kelly’s accident occurred at the Fatima Luas station on the Red Line in 2010 when, accompanied by a friend, she tried to jump on and hold onto the outside of Luas tram doors as it left the platform. Ms Kelly fell off the tram onto the tracks, striking her head on the ground. Her friends had to drag her out of the path of an approaching tram.

Ms Kelly, who recently gave birth to her first child, was legally represented by Bruce Antoniotti SC who told the High Court that the young lady admitted she was to blame for the accident and she confirmed she should not have been tram surfing. She went on to say that she knew that this was a very unsafe thing to do. The High Court was advised that Ms Kelly wished for no liability to be charged to the the Luas driver who was on duty at the time of the accident.

Via her mother Elizabeth Kelly, Ms Kelly (20) took the Luas injury compensation action against Veolia Transport Dublin Light Rail Ltd and Veolia Transport Ireland Ltd of St John Rogerson’s Quay, in relation to the accident that happened on September 3, 2010.

As part of the personal injury compensation action Ms Kelly claimed that there was a failure to have adequate visual systems implemented on the tram and that the driver had no clear vision of the non-platform side of the tram before leaving the station. The tram, it was claimed, left the platform without first observing the non-platform side of the tram.

Mr Justice Cross, in giving his approval to the Luas accident compensation settlement stated that Ms Kelly did not need to be informed that she had done something silly. However, he praised her for her honesty.

Rebecca’s sister Jennifer Kelly contacted 98FM’s Dublin earlier this week to say that Rebecca has become the victim of an online bullying campaign.

She said: “It’s unbelievable, the girl is afraid to leave her house. She has been getting threats and everything. Her Facebook has just been completely trolled. She hasn’t got a minute, to be completely honest. It is unbelievable the abuse she has gotten. The girl is constantly crying over this.”


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