Man knocked down by drunk driver gets €2.3m award

A man who suffered "devastating" injuries when he was run down by a drunk driver has settled his High Court action for more than €2m.

Tom McKiernan, 39, from Fairview in Dublin, was left brain-damaged after the incident in which a mother of twins was killed, just over five years ago.

The action was taken against the driver of the car, who was jailed for three years for dangerous driving and drink driving.

Mr McKiernan was a computer programmer who ran his own successful business, but he has not been able to return to work the court heard.

In November 2009, he was walking along the Malahide Road at Clontarf with friends, when a car driven by Francis Lennon, mounted the footpath and ploughed into them.

53-year-old Anne Fitzsimons was killed. 

Mr McKiernan suffered brain injuries and other injuries which had had a "devastating effect" on him.

Lennon pleaded guilty to dangerous driving causing death and serious harm as well as drink driving and was jailed for three years in 2011.

Mr Justice Kevin Cross approved a settlement of €2.3m, agreed between the sides.  

The judge told Mr McKiernan he accepted the accident had ruined his life.  

But he said "You're here" "you're able to discuss the matter with me".  "And you will be able to build a life for yourself."

Mr McKiernan and Mrs Fitzsimons were involved in scouting and had been returning home with a group from celebrating a day fundraising for charity.

Mr Justice Cross told Mr McKiernan the way he had managed his disability was an encouragement to all other citizens.

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