€240,000 award for crash which claimed four lives

A horrific crash which claimed four lives, representing three generations of the one family, was yesterday the subject of a court…

A horrific crash which claimed four lives, representing three generations of the one family, was yesterday the subject of a court case which saw the family of one of the victims receive €240,000 in damages.

Mary Downes (31), Mitchelstown, Co Cork, was killed with her four-year-old son Robert, her sister Kathleen Quish (47) and their mother Mary Dalton (71) when their car was hit by a truck at Kilcoran, Co Tipperary, on the main Cork-Dublin Road in January 2004 as the family was on a trip to Dublin Zoo.

At the High Court in Cork yesterday, Mr Justice Vivian Lavan approved an offer of damages to Ms Downes's husband, Con, and his son Con jnr, who was seriously injured.

The offer was made by the insurers of Michael McGrath, a widower and father of eight, Hacketstown, Co Carlow, who was driving the truck when it veered across the road and caused the collision.

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John O'Mahony SC, for Mr Downes, said yesterday that it was a horrific crash which had catastrophic consequences for a family. The four fatalities represented three generations of the one family, he said.

A total award was made yesterday of €240,000, with Mr Downes being awarded €140,000 and Con jnr awarded €72,000 in respect of the loss of dependency caused by the death of Ms Downes.

The remainder, for pain and suffering resulting from the death of Ms Downes was divided between Mr Downes, his son and her three brothers and sister.

Mr McGrath had pleaded guilty to dangerous driving causing the deaths of all four members of the family and was sentenced to three years in jail at Clonmel Circuit Criminal Court. This was reduced to an 18-month sentence by the Court of Criminal Appeal.