A WIDOWED mother of 10 has been awarded just over €100,000 damages for mental distress and loss caused by the death of her daughter and granddaughter in a road traffic incident that also claimed the life of the daughter’s partner, who had been driving the car in which they were travelling.
Mary Mahoney (56), from St Lawrence’s Fields, Loughrea, Co Galway, had sued Galway County Council and the estate of the late John Maloney (33), who had been driving the car in which his partner, Yvonne Mahoney (24), and the couple’s daughter, Bobbi-Ann (2), died on July 9th, 2006.
The incident occurred near Athenry, when Mr Maloney drove through a crossroads, from a minor road on to a major road, without stopping.
In her statement of claim, Mrs Mahoney alleged that the local authority had failed to prune, cut down or trim the trees and hedges on the side of the road so as to provide a clear view of the crossroads and that it had erected road signage that was ineffective and that had become obscured by trees, hedges and foliage.
She also claimed that the council failed to erect proper road signs at the junction.
In her claim against Mr Maloney, the plaintiff alleged that Mr Maloney was negligent and in breach of his duty of care in the manner of his driving.
Henry Bourke SC, who represented Mr Maloney’s estate, stressed to Judge Michael Moriarty at the High Court sitting in Galway yesterday that his client’s insurance company was giving Galway County Council, which was the second named defendant in the action, “a full and complete indemnity” in the case and that he was prepared to “take the full hit”, in relation to both judgment and legal costs.
Mr Bourke had indemnified Galway County Council when the matter first came before the High Court on Monday and at that stage, following protracted talks between both defendants, counsel for the local authority Noel McCarthy withdrew from the case. Both defendants, the court had been told, had withdrawn liability as an issue and the matter could now proceed to assessment of damages.
Having considered the matter overnight, Mr Justice Moriarty yesterday awarded Mrs Mahoney €100,439, which comprised €45,716 for the loss of her daughter’s financial and domestic help to her mother and siblings, special damages of €3,933 to cover funeral expenses, and €25,395 for the deaths of both Yvonne and her baby daughter, Bobbi-Ann, in the incident.
On the application of Mr Bourke, the judgment was made solely against the estate of the late Mr Maloney.
Mr Justice Moriarty refused an application by Declan McGovern SC, who represented Mrs Mahoney, to have the judgment plus costs made jointly against both defendants, namely the late Mr Maloney and Galway County Council.
Mr Bourke reiterated yesterday that he was giving the local authority full indemnity and it was no longer involved in the case.
Mr Justice Moriarty noted that it had been made apparent from the evidence adduced in the case that Mr Bourke was not exclusively “picking up the tab”.
Mr McGovern argued that the judgment should therefore be made against both defendants.
The judge refused the application, stating that the judgment was to be made against Mr Bourke’s client only. “It’s up to him [Mr Bourke] to finalise matters now with Mr McCarthy,” he added.
In a statement issued afterwards through her solicitor Cathy McDarby, Mrs Mahoney, who was accompanied in court by some of her children, said: “The family is glad that the case has been finalised.
“We wish to state that no money could compensate us for the loss of our beloved daughter, granddaughter, niece and sister. They are all sorely missed. We wish to thank all the people who have supported us since this terrible tragedy happened and we would now like to move on with our lives and cope with their loss as best we can in the future.”