News Courts

Thursday 18 September 2014

Family of mother-of-five who died after car crash settle High Court action for €650,000

Rose Martin (57) was a front seat passenger in the car driven by her husband William when another car crashed into it on New Year's Eve 2006

Published 03/07/2014 | 18:55

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The Four Courts in Dublin
The Four Courts in Dublin

THE family of a mother of five who died 11 days after a car crash have settled their High Court damages action over the accident for €650,000.

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Rose Martin (57) was a front seat passenger in the car driven by her husband William when another car crashed into it on New Year's Eve 2006.

The impact pushed the Martins' car into the ditch on the right hand side of the road and it bounced back onto the road.

Yesterday, Ms Justice Mary Irvine approved a €650,000 settlement of an action by her husband Mr Martin on behalf of his family.

Mr Martin of Carrickakelly, Iniskeen, Co Monaghan, had sued the driver of the other car Jason Kearney of Cedar Wood Park, Dundalk, Co Louth as a result of the accident at Philipstown Corner, Kilkerley, Co Louth.

Mrs Martin died in hospital on January 11, 2007.

One of her sons David, who has Down Syndrome, was also in the car and was injured in the accident.

It was claimed Mr Kearney drove directly into the path of an oncoming vehicle and drove too fast given the prevailing circumstances and conditions.

An inquest later heard William Martin's leg was trapped under the dashboard and he continued to speak to his wife and son until help arrived.

Mr Martin, in his deposition, said he was 'in terrible shock' after the accident and couldn't believe what had happened.

His wife, who was conscious after the crash was only concerned for their son whom she cared for 24 hours a day.

Today, Hugh Mohan SC, for the Martins, said Mrs Martin was the main carer for her son David who was then aged 28 years.

David required emergency abdominal surgery after the accident and was in hospital for over ten days afterwards.

Mr Martin suffered injuries to his lower left leg and still has to use a crutch.

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