The family of a mother of six who died in 2020 after being struck by a truck from the Healy-Rae Plant Hire company in Co Kerry have been awarded €850,000 in damages at a sitting of the High Court in Cork.
Ms Justice Nuala Jackson offered her sincere condolences to the children of Joanne Davies (50) who was hit by a truck while she was walking across a zebra crossing on July 17th, 2020, at Ardnannweely, Killarney. Ms Davies (also known as Downey) was on her way to take a Covid-19 test when the incident occurred.
Ms Justice Jackson praised 33-year-old plaintiff Jeremiah Davies (who is known as Chris) for becoming the guardian of one of his then juvenile sisters following the death of their mother. She said there was a great sense of togetherness in the family.
The €850,000 settlement includes special damages of €6,000 for funeral costs, legal costs of €37,000 and €35,000 for mental distress.
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The plant hire established by Kerry TD Danny Healy-Rae had accepted liability for the death of Ms Davies in High Court cases taken by her children.
The driver of the truck, 71-year-old Sean Tangney of Pinewood, Killarney, was acquitted in June of last year of one count of careless driving causing the death of Ms Davies. He had been employed by Healy-Rae Plant Hire for 3½ years at the time of the incident.
The trial at Tralee Circuit Criminal Court was attended by Danny Healy-Rae and his son Johnny, who is the company’s managing director.
Mr Tangney, who was driving within the 50km speed limit, had said he had not seen Ms Davies before the incident. A witness, in his office overlooking the pedestrian crossing on the morning of the incident, had told the court that Ms Davies stepped out on the zebra crossing as the truck was passing. He felt the truck had “no chance”. However, the trial also heard how gardaí believed the truck driver should have seen her.
In November 2023, Danny Healy-Rae and his wife Eileen transferred all of their shares in Healy-Rae Plant Hire to their son Johnny.
Ms Davies resided at Ash Close in Ballydribbeen, Killarney. She was very involved in her local community as a healthcare worker, and was an active member of Legion GAA. She volunteered to cook for the senior players after training, and was honoured by the club with an achievement award for outstanding service.
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