A family has settled their compensation claim for fatal passenger injuries against a driver whose reckless driving caused a mother of five to die after a head-on car crash.
Rose Martin (57) of Carrickakelly in County Monaghan suffered fatal injuries in a car crash at Philipstown Corner in Killerley when her husband´s car – in which she was a front-seat passenger – was involved in a head-on collision with a car driven by Jason Kearney of Dundalk, County Louth.
Despite suffering serious injury in the accident, Rose´s only concern after the accident were for her son who was travelling in the back seat of the vehicle and who suffers from Down Syndrome, and her husband – William Martin – whose leg had been trapped under the dashboard as a result of the crash.
Rose died in hospital eleven days after the accident on New Year´s Eve 2006, while her son – David – required emergency abdominal surgery and William suffered permanent lower leg injuries – and still walks with the aid of a crutch.
William Martin made a claim for fatal passenger injuries against Kearney on behalf of the family, which included compensation for the loss of his wife, his son´s injuries and his own physical and psychological trauma.
A settlement of compensation amounting to €650,000 was negotiated but, before the claim for fatal passenger injuries could be finalised, it had to be approved by a High Court judge due to David Martin being unable to represent himself and because of the nature of the claim.
Consequently, at the High Court in Dublin, Ms Justice Mary Irvine was told of the circumstances of the accident, how Rose Martin had been her son´s primary carer for 28 years and the settlement that had been agreed. The judge approved the settlement in order that the claim for fatal passenger injuries could be finally resolved.