Widow of postman who died after being knocked off his bicycle while on his round awarded €250,000
THE widow of a 39-year-old postman who died after being knocked off his bicycle while on his post round has settled a High Court action over his death for €250,000.
Tanya Parker had sued her husband Damian's employer, An Post over the accident eight years ago.
Her counsel Michael J McMahon told the court the car driver had just got a mere glance of Damian Parker before he emerged out of a road and in to the driver’s path.
The postman, a father of twins, was delivering mail in the in Ennis Road area of Limerick at the time of the accident on May 26, 2011.
Mrs Parker, of Oakwood, Old Singland Road, Limerick, had sued An Post and the Motor Insurers Bureau of Ireland as a result of the accident.
Mr Justice Kevin Cross was told that proceedings against the driver and owner of the car could be struck out.
It was claimed there was an alleged failure to provide a safe system of work and an alleged failure to ensure the postman would be safe while carrying out his work while delivering post.
It was further claimed there was an alleged failure to ensure Mr Parker wore a helmet while cycling his bicycle in the course of his job.
The claims were denied.
The court heard Mr Parker's cycling helmet was in the pannier of his bike. At the inquest into Mr Parker’s death a few years ago, the coroner said there was no evidence in this case to suggest the nature of the injuries sustained by Mr Parker would have been different if he was wearing a helmet but added that cyclists should be encouraged to wear helmets.
Counsel for the widow also told the court a person who witnessed the entire accident said in a statement there was nothing the driver could have done. The gardai and PSV inspector came to the same conclusion.
Counsel said Mr Parker was not wearing a helmet when he hit the car and a ladder which was on the roof. He suffered brain injuries and died.
Mr Justice Cross approved the settlement and offered his sympathy to the family.