Milk van ‘ran over the head of three-year-old boy’

A MILK van ran over the head of a three-year-old child who now suffers from behavioural and psychological difficulties, a court has heard.

The long-running case has also heard that the van driver dragged Ian O’Donnell some distance along the road before being alerted that the boy was there.

The High Court had heard that milkman Paul Rodgers had initially stated that Ian, who is now 18 years old, had run out in front of the van, but then told gardaí, in a later statement, that he had seen no sign of the toddler until he felt a ‘bump’.

John Finlay SC, for Ian, said there was doubt about how the accident happened.

It happened on December 10, 2001, outside the home of Ian’s parents in Glenwood Park, Letterkenny, Co. Donegal.

Mr Finlay said that beforehand, Ian had been with his eight-year-old sister and his mother Helen O’Donnell, as well as his mother’s friend, who was visiting.

He continued: ‘The milkman, Paul Rodgers, arrived and parked his vehicle outside the house. The plaintiff was thought by his mother to have got into the back of her car, which was also parked outside the house.

‘After the accident, the plaintiff was found on the roadway.

‘His head had been run over by the wheel of the defendant’s van, and he had suffered serious skull fractures. Nobody witnessed it,’ Mr Finlay said.

He added that how Ian had suffered his injury remained a mystery.

The case had been opened before another judge, who had been told that Ian may have ‘sneaked under the van and hidden out of view of the defendant, who set off without knowing he was there’.

He continued: ‘The difficulty is, there is no actual proof as to where the plaintiff was immediately before the accident.’

Ian has recovered from his physical injuries, but suffers from serious, damaging behavioural and psychological symptoms and is unlikely ever to be able to work.

The court heard that Ian had settled his damages claim for €2.9million. The case had been taken against farmer and milkman Paul Rodgers, of Manorcunningham, Letterkenny, and Paul and Brendan Kelly, of Killtown, Killygordan, Co. Donegal.

All were said to have been responsible for the milk van. Judge Kevin Cross approved the settlement.