The mother of a toddler, who was killed when her neighbour´s car ran over her, has had a settlement of €36,188 fatal car accident compensation approved in the Circuit Civil Court.
Lily Rose O´Toole was nearly two years old when, on 3rd March 2013, she was playing in the front garden of her family home in Tallaght, Dublin. Her mother – Ruth – took her eyes off of her daughter for just a few minutes while she chatted with a neighbour who was just about to leave in her car.
After a short conversation, Ruth turned back towards her own garden and could not see Lily Rose. She then heard a bang and turned around to see her daughter at the back of the neighbour´s car. Lily Rose had been able to get up and walk a couple of steps, but when Ruth picked her daughter up, she noticed a graze on Lily Rose´s forehead.
Lily Rose was taken to Tallaght Hospital, but died shortly after of intra-abdominal bleeding caused by internal injuries.
Ruth made a claim for fatal car accident compensation against her neighbour – Esther Dillon – under the Civil Liability Act 1962, alleging that she and Lily Rose´s step-brother – Patrick – had suffered mental distress. Ms Dillon´s liability was accepted by her car insurers and a settlement of €36,188 was agreed.
Because part of the settlement was for Lily Rose´s ten-year-old brother, the settlement of fatal car accident compensation had to be approved by a judge before the claim could be resolved. Consequently, the case was brought before Mr Justice Raymond Groarke at the Circuit Civil Court.
Judge Groarke was told the circumstances of the tragic accident, and the distribution of the settlement of fatal car accident compensation. The judge approved the settlement and expressed the court´s deep sympathy – saying that the loss of a child was a horrible thing to happen to any mother.