Wednesday 26 October 2016

Widow of man who died in motorbike collision with stray cow secures €350k after suing her solicitors

Published 30/05/2016 | 17:49


A WIDOW whose husband died after his motorbike collided with a stray cow has secured €350,000 under a settlement of her High Court action against a firm of solicitors.

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Margaret Murphy, on behalf of the dependants of her late husband Denis, sued Limerick-based Holmes O’Malley Sexton Solicitors over alleged failure to issue her proceedings against the farmer who owned the cow before the one year time limit for such cases expired.

Ms Murphy alleged negligence and breach of contract against the solicitors who filed a full defence denying the claims.

Today, Richard McDonnell SC, for Ms Murphy, told Mr Justice Richard Humphreys his client was seeking approval of a “very good” settlement offer of €350,000.

This claim was for professional negligence against the firm and issues were raised concerning Mr Murphy having consumed alcohol on the night in question and an allegation he was driving too fast, counsel said.

A settlement offer of €350,000 had been made which would be paid to Ms Murphy and the two daughters of the deceased, counsel said. Mr Murphy’s other dependants had executed waivers in respect of their claims.

The judge said he would approve the offer.

The action was brought by Ms Murphy on behalf of the dependants of her late husband, who ran a welding business, arising from his death in the early hours of October 17, 2005 when his motorbike hit a stray cow in Newcastle, Co Limerick.

According to court documents, he was thrown from his motorbike onto the side of the road and pronounced dead at 1.45am. The cow was also found dead.

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