Family of crash victim settles case against Mayo council

Mother of Ashling Gallagher killed in 2004, sued over the condition of road surface

Ms Gallagher was driving on the N59 Newport to Mulranny Road when her car veered on to the wrong side into the path of a cement truck.
Ms Gallagher was driving on the N59 Newport to Mulranny Road when her car veered on to the wrong side into the path of a cement truck.

A High Court action by the family of a young woman who died in a road accident almost 13 years ago has been settled.

The settlement was made without admission of liability.

Kathleen Gallagher, whose daughter Ashling was killed instantly in the accident in Co Mayo in 2004, sued the local council and roadwork companies over the condition of a road surface which it was alleged caused the accident. Liability was denied.

Ms Gallagher was driving on the N59 Newport to Mulranny Road when her car veered on to the wrong side into the path of a cement truck.

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An inquest jury returned a verdict in 2011 that her death was accidental.

Desmond O’Neill SC, for the family, told the court on Thursday the matter had been settled and a statement was to be read out on behalf of the defendants.

The statement, read by Aonghus O'Brolchain SC, said: "All loss of life on Mayo roads is a source of regret and Mayo County Council regrets the death of Ashling Gallagher on December 22nd, 2004, and does so without admission of liability".

Mr Justice Kevin Cross, who noted there were no dependants in the case, agreed to Mr O’Neill’s request to strike out the proceedings.

Kathleen Gallagher, Askill, Bunnacurry, Achill Island, Co Mayo, brought the personal injuries action on behalf of the family

It was claimed there was failure to adequately or at all to resurface, renew or repair the road surface so as to prevent it from becoming a source of danger to members of the public.

It was also claimed remedial work carried out to the road was inadequate and incomplete.

It was further claimed there was failure to consider the needs of all road users and in particular that motorists be given advance warning of the condition of the road surface.

The claims were denied.It was also denied the collision was caused by reasons of any negligence, breach of duty or misfeasance on the part of the defendants.

It was accepted in the defence the death of Ms Gallagher has caused her family great mental distress, shock and anguish. However, it was contended the collision was not the fault of the Council and it bore no liability in law.

The case had been mentioned before the court last month and was expected to take several weeks to hear.