AN ELDERLY man whose car crossed on to the wrong side of the road and collided with another vehicle, resulting in the death of his wife and spinal injuries to a child in the other car, has claimed he is not liable for the crash because a medical ailment caused him to lose control of his car.
In the first case of its type here, William Barr (81) claims that if the High Court finds he has a liability in proceedings brought against him on behalf of the injured child, he is entitled to be indemnified by his local general practitioner, Dr Anthony Delap.
The action against Mr Barr has been brought on behalf of Nóirín McGarvey, now aged seven, suing through her father Ronan, Lower Dore, Bunbeg, Co Donegal.
The child suffered severe injuries to her spine and is in a wheelchair as a result of the crash at Dunlewy, Co Donegal, on May 27th, 2008. Mr Barr’s wife Maggie died in the accident.
It is claimed Mr Barr, Middletown, Gweedore, Co Donegal, was negligent and in breach of duty by allowing the car he was driving to cross on to the wrong side of the road resulting in a collision with the McGarveys’ car.
It is further alleged Mr Barr drove in a manner that caused the collision and drove too fast.
Mr Barr denies negligence or liability and says he believes he experienced a medical ailment immediately before the crash causing him to lose control of his vehicle. Mr Barr was on medication at the time of the crash to deal with complaints of high blood pressure, light headedness and episodes of lost consciousness.
Dr Anthony Delap, a GP in Bunbeg, Co Donegal, has been joined as a third party to the proceedings.
Edward Walsh SC, for Mr Barr, told the court yesterday that if there was any finding of liability against his client, he was contending Mr Barr was entitled to an indemnity or a contribution from Dr Delap.
Eugene Gleeson SC, for Dr Delap, argued Mr Barr was not entitled to any indemnity or contribution from his client.
Richard Keane SC, for Nóirín McGarvey, argued that Mr Barr was not entitled to maintain the defence outlined.
The case before Mr Justice Iarfhlaith O’Neill is expected to run for two weeks.