Mother of Limerick man who fell from car and died to get €10,000 for distress

THE mother of a man who died after he fell from a moving car almost five years ago car is to receive a solatium payment of €10,000 for distress following his death.

Father-of-two Tony O’Brien, 31, died after he fell from a Toyota Avensis and was struck by another car which was travelling in the opposite direction.

The accident, which was witnessed by an off-duty garda,  occurred on the N69 at Bullane, Kildimo at around 1am on April 26, 2014.

Mr O’Brien’s mother – Mary O’Grady, 58, of Baker Place, Limerick – initiated circuit court proceedings against the Motor Insurers Bureau of Ireland (MIBI) as the driver of Avensis was never identified by gardai.

The plaintiff also sought monies totalling €4,730 relating to Mr O’Brien’s funeral expenses. 

Barrister Pat Barriscale BL said the deceased was a rear-seat passenger in the car and had been drinking and using drugs on the night he died.

He said the identity of the driver was an issue in the case and that his instructing solicitor was unable to gain access to the garda files for a number of years.

He told Judge Sean O’Donnabhain that a young man was prosecuted and convicted of driving the car but that this conviction was later overturned on appeal.

In addition to issues relating to the identity of the driver, Mr Barriscale said the negligence of the deceased would have been an issue during any hearing.

While the maximum solatium payment is €35,000, he said his client was concerned “she would get nothing” had the case proceeded.

“There is a serious risk I could lose, the MIBI has a very strong case,” he said.

After being informed an settlement offer of €6,000 had been made, Judge O’Donnabhain suggested that the MIBI “should have another look”.

Following further negotiations between the parties, he was told an improved offer of €10,000 was being recommended.

Judge O’Donnabhain approved the offer saying Ms O’Grady had done “very well” in the circumstances.

The MIBI will also make a contribution of  €4,000 towards the plaintiff’s legal costs.