Knocked down: Tom O’Shea
THE wife and family of a man who was knocked down and killed almost eight years ago have been awarded more than €25,000 in damages.
Lisa O’Shea sued the Motor Insurers Bureau of Ireland (MIBI) for mental distress relating to the death of her husband – Tom O’Shea – in the early hours of September 6, 2009.
Mr O’Shea, who had been socialising with his wife and a number of friends in Castleconnell, was knocked down as they were being collected by their daughter to go home at around 2am.
His wife, Lisa, received minor injuries in the impact.
The driver of the car who was prosecuted in relation to the collision was ‘stoned’ on the night and did not have insurance.
The 21-year-old was sentenced to three years’ imprisonment in February 2012 and was banned from driving for 25 years.
Mrs O’Shea and other family members sued the Motor Insurers Bureau of Ireland (MIBI) for damages and on Monday at a sitting of the High Court in Limerick, Mr Justice Henry Abbott, approved a settlement offer of €25,394.76.
Andrew Sexton SC said Mrs O’Shea has “moved forward as best she can” since the death of her husband.
He said she has suffered awful mental distress in recent years but has a very supportive family.
Mr Justice Abbott noted that Mr O’Shea’s mother had died in the intervening period and he praised Lisa O’Shea for the manner in which she has dealt with the tragedy.
Wishing her every happiness and success for the future, he said he hoped the conclusion of the case would help bring some finality to her grief.
He also thanks all of the parties who had helped ensure the matter was brought to a speedy conclusion.
The money is to be divided equally between Mrs O’Shea and a number of other family members.
Mr Justice Abbott also awarded Mrs O’Shea her costs.