The Labour TD for Kerry South, Ms Breeda Moynihan-Cronin, a defendant in a case of negligence in a road accident with an elderly widow, was ordered to pay over £800 in damages and expenses in a civil court in Killarney yesterday. Judge Humphrey Kelleher also dismissed a counterclaim for £1,241 by Ms MoynihanCronin and awarded all costs against her.
The accident occurred at noon on December 23rd, 2000, when Ms Moynihan-Cronin, Muckross Grove, Killarney, was parked on a double yellow line on the left side of the road outside a shop at Boherbee, Tralee.
Mrs Nora Drummond, St Brendan's Park, Tralee, was driving in a line of traffic away from Tralee town centre.
Mrs Drummond had 44 years' driving experience and had had one minor accident over 30 years previously, the court heard.
Mrs Drummond told the court the door of Ms Moynihan-Cronin's car struck her wing mirror when the latter walked around the back of her parked car and opened the right rear door to put shopping in.
Ms Moynihan-Cronin admitted being parked on a double yellow line. But, she said, there were other cars parked similarly.
Ms Kate McCarthy, solicitor for Mrs Drummond, put it to Ms Moynihan-Cronin that it was dangerous to open her door on to a line of traffic as she was already causing an obstruction.
Ms Moynihan-Cronin said there was plenty of room to open the door. She was forced to use the right-hand side of the car to put in her bags because a walking aid for her father who was in the car was taking up the left side. She had looked behind her before opening the door. The door was already open when Mrs Drummond sought to pass, Ms Moynihan-Cronin said.