Wednesday , November 22 2017
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Compensation for Death of Passenger in Fatal Car Accident Approved in Court

A family from County Monaghan has been in court to hear the settlement of compensation for the death of a passenger in a fatal car accident approved by a judge.

The widowed husband of Rose Martin (57) of Carrickakelly in County Monaghan and members of the couple´s family made their claim for compensation after the events of New Year´s Eve in 2006, when a car driven by Jason Kearney of Dundalk, County Louth, crashed head-on into the Martin´s car.

William Martin´s leg was broken in the accident, while the couple´s 28-year-old son – David – had to undergo emergency surgery for an abdominal injury at Our Lady of Lourdes Hospital in Drogheda. Rose suffered devastating internal injuries in the accident, and died in hospital eleven days later.

On behalf of the family, William Martin claimed compensation for the death of a passenger in a fatal car accident, and for the injuries that both he and his son had sustained. In his action against Kearney, William alleged that Kearney had been driving too fast for the road conditions and prevailing weather.

Liability was acknowledged by the negligent driver´s insurance company and a compensation settlement of €650,000 was negotiated for Rose´s wrongful death and the physical and psychological injuries sustained by the other family members.

At the High Court in Dublin, Ms Justice Mary Irvine heard about the circumstances of the accident, how David Martin suffers from Down Syndrome and that Rose had been his primary carer throughout his life. The judge was also told about the shock that William Martin had suffered on learning that his wife was dying from her injuries.

Ms Justice Mary Irvine approved the settlement of compensation for the death of a passenger in a fatal car accident, and extended her sympathy to the family.