Publicans Sued for Serving Alcohol to Driver Prior to Car Crash

by | Jun 7, 2010

Publicans Concepta and Seamus Kelly have defended themselves in the High Court last week in a lawsuit taken by the estate of a man killed in a car crash after consuming excessive alcohol in their pub.  The case was taken by the estate of John Connolly who caused a fatal car accident when driving three times over the legal limit for driving.
The car accident happened in the late afternoon after Mr Connolly had been drinking since 11.30 am in the Diamond Bar in Tullaghan, Leitrim.  Mr Connolly’s car collided with a car carrying a mother, Mary Flanagan, and daughter, Anne McSorley, resulting in injuries to the mother and the death of the daughter.  Mrs Flanagan has already settled an injury compensation case for the car crash for €275,000.
The current contributory negligence case in the High Court is between the estate of Mr Connolly and the owners of the pub that served him alcohol, Concepta and Seamus Kelly, who have defended themselves against allegations that they acted negligently and in breach of their duty of care in serving excessive alcohol to Mr. Connolly.  Perhaps crucially, it was alleged that they knew or ought to have known that he would drive on a public road.
Concepta Kelly defended herself in court saying “It is up to the individual themselves to know their own body. There are people who can drink and drive with three or four pints and people who cannot drive with one” Mr Justice Kevin Feeney has adjourned the case for one month.

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