A High Court judge has approved a €20,000 settlement, plus some €17,500 legal costs, for a teenage girl over the death of her 27-year-old motorcyclist father in a road collision.
Mr Justice Garrett Simons said it was a good settlement offer for Tara Jodie Kearns as the prospect of establishing liability against the driver and owner of the rental car that Raymond Kearns’ motorcycle collided with seemed “hopeless”.
The Garda and witness evidence was that Mr Kearns’ uninsured bike was travelling at an excessive speed, about 180kph, the court heard.
Rental car
Ms Kearns, now aged 16 and living in Australia, had, through her mother Michelle Smith, taken the proceedings against Ross Powlesland, of Pounds Park Road, Peverell, Plymouth, England, driver of the Fiat Punto hatchback rented car, and Ryan’s Investments, the rental car company, arising from the accident on September 9th 2007.
Ms Kearns was just nine months old when her father, from Stradone, Cavan, suffered fatal injuries in the accident, which happened about 11.30am at Lavey on the N3 Dublin to Cavan road.
Maura McNally SC, for Ms Kearns, told Mr Justice Simons the motorcycle broke up into parts after it crashed into the car and Mr Kearns was hurled some 20 metres from the scene.
Mr Powlesland won his own proceedings over the accident and succeeded 100 per cent in relation to liability, she said.
Counsel said Ms Smith and her daughter emigrated to Australia in 2009 and Ms Smith and her new partner have taken over the care of Ms Kearns. The girl’s father died intestate and Ms Kearns was expected to be the sole beneficiary of his estate.
Engineering evidence
If the case went to trial, her side could not overcome the Garda and engineering evidence concerning Mr Kearns travelling at excessive speed, counsel said.
Against that background, she sought approval of the offer.
In his ruling, the judge said the case arose from Mr Kearns’ tragic death. It seemed, from a “damning” Garda report, the outcome of the other proceedings and other witnesses, Mr Kearns was travelling well in excess of the speed limit with the effect this case was “hopeless”.
Other issues included delay, that Ms Smith and her new partner are providing for Ms Kearns financial needs and the girl’s expected inheritance in Cavan.
In the circumstances, this was a very good settlement and he would approve it, he said.
He had some concerns about the legal costs, the judge added. While he had been told of efforts to keep those within bounds, and noted counsel’s fees were “modest”, he considered the solicitor’s fees were on the “generous” scale.
Earlier, in response to the judge’s request for an explanation of the costs, Ms McNally said they included VAT and some €2,000 for counsel with the rest going towards the instructing solicitor for initiating the case, bringing it before the Personal Injuries Assessment Board, maintaining a watching brief and matters including the coroner’s court and stamp duty. Ms
McNally said she took on the case when a junior counsel, had not sought senior counsel fees and the costs did not reflect the work involved.
