Sunday 11 December 2016

Family of woman killed after bike collided with truck awarded €37k for 'mental distress'

Saurya Cherfi

Published 10/02/2016 | 12:07

Louise Butler
Louise Butler
The scene of the fatal collision just off the Frescati road in Blackrock.

The family of a woman who died almost three years ago after her bicycle collided with a truck has been awarded €37,905 damages in the Circuit Civil Court for mental distress and loss against an insurance company.

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Barrister Justin McQuade told the court that the late Louise Butler was 26-years-old when the fatal accident happened in August 2013 at the junction of Frascati Road and Carysfort Avenue, Blackrock, Co Dublin. 

Louise had been cycling to work at the Avoca Food Market and Salt Café in Monkstown, Co Dublin, when an articulated lorry, driven by Stephen Bolger, turned left at traffic lights on the junction and collided with her bicycle.

Mr McQuade, who appeared with Hussey Fraser solicitors for the Butler family, said Louise, of Ranelagh Road, Ranelagh, Dublin, was taken to St Vincent’s University Hospital in Dublin, where she had later died of her injuries.  A jury in an inquest into her death had returned a verdict of death by misadventure. 

Louise’s mother, Anne Butler (47), of Ballineddin, Knockanarrigan, Donard, Co Wicklow, brought the legal action on behalf of herself and other family members’ under the Civil Liability Act 1961 which covers compensation in fatal accident cases.

Ms Butler sued Bolger, with an address at Walsh Island, Co Offaly, and his employers Wincanton Ireland Ltd, Blanchardstown, Dublin 15.

Mr McQuade told Circuit Court President Mr Justice Raymond Groarke, that the defendants agreed that the matter proceed through the Personal Injuries Assessment Board process, which had assessed compensation.

Judge Groarke heard the parties had agreed compensation of €25,394.76 for mental distress along with €12,510.75 for fees and funeral expenses.

Judge Groarke, approving a total offer of €37,905 damages, expressed the court’s deep sympathy to the family in their tragic loss. 

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