Family of Tipperary couple killed in head-on crash settle case
Three daughters and two sons of a Tipperary couple who sued for nervous shock after their parents died in a head-on car crash have settled their High Court actions.
Another daughter who sustained multiple serious injuries in the road traffic accident last February settled her action after a hearing lasting several days.
Emma Kenneally (35) told the High Court she had to be cut from the wreckage and thought she was going to die after a car veered onto her side of the road as she drove home from a shopping trip in Kilkenny.
Her father, Tom Kenneally (65), a farmer, and mother Angela (61), from outside Templemore, Co Tipperary, died as a result of the accident which happened about six kilometres outside Kilkenny city on August 24th, 2011.
It was claimed the car which veered across the road and ploughed into Ms Kenneally’s car did so after a psychiatric patient who was a front seat passenger allegedly grabbed the wheel of the car, being driven by his sister.
Ms Kenneally fractured all four limbs as well her spine and ribs and spent three months in hospital after the accident.
A teacher, of Barnane, Templemore, she sued Elizabeth Dillon, Bowsfield, Killerig, Tullow, Co Carlow, the owner and the driver of the other car and Ms Dillon’s brother, Sean, of the same address, who was the front passenger in the car.
It was alleged Sean Dillon grabbed the driver’s wheel as his sister drove.
Ms Kenneally had also sued the HSE, as owner of St Luke’s Hospital, Kilkenny where Sean Dillon had received treatment.
She had also sued the Motor Insurers Bureau of Ireland arising from the allegation Sean Dillon was in control of the car at the time of the accident.
It was alleged the reason Ms Dillon’s car went onto the incorrect side of the road was because her driving was compromised by the actions of Sean Dillon, at that time a psychiatric patient under the care of the HSE at St Luke’s Hospital.
In the High Court today Emma’s sisters, Mary, Rosie, Christina and brothers John and Patrick settled their own actions claiming nervous shock over the sudden death of their parents. The terms of the settlements are confidential.
Approving the settlements Mr Justice Kevin Cross said he was glad the cases which arose from a tragic accident had settled.
