By Ann O'Loughlin
The family of a young Tipperary mother who was a mum for just a day before being killed in a tragic road accident has settled a High Court action over her death for €800,000.
Nicola Kenny (26) was on her way to check on her baby daughter who had been transferred to a Dublin hospital from Clonmel when a truck crashed into the car in which she was a passenger. She was travelling with her mother, Ann and aunt Irene Whelan.
The car had pulled into the hard shoulder of the M8 Motorway in South Tipperary to take a call from the hospital concerning the health of Nicola's baby Lily-Rose. The first time mother had just heard the news her baby girl was in good health and ready to be transferred back to a Tipperary hospital when the accident happened.
In the High Court on Tuesday Mr Justice Kevin Cross approved a settlement of €800,000 for the Kenny family, including little Lily Rose who is now four years of age.
Three other actions including ones for post traumatic stress disorder brought by Nicola’s father Paddy and her brother Patrick Junior and a case by her mother Ann as a result of injuries sustained in the accident four years ago were also noted as settled by the judge.
Settlement
The settlements announced to the High Court were against Castlekeeran Transport Ltd of Carnaross, Kells, Co Meath the owners of the truck involved in the accident and the truck driver Ciaran McBride, Tivenmara Road, Carna, Keady, Co Armagh.
Jeremy Maher SC , counsel on behalf of Castlekeeran Transport and Mr McBride expressed to the court “remorse for the tragic events of this case.”
Outside court Nicola’s father Paddy Kenny said his granddaughter Lily Rose is the light of the family’s lives. He and his wife Ann have devoted themselves to looking after her.
“Nicola was a great daughter, Lily Rose is now our reason to get up in the morning. We have dedicated our lives to Lily Rose. She is four now and looking forward to school,’ he said.
He added: “Lily Rose is the light of our lives. It would not be worth living except for her. “
It was claimed there was an alleged failure to take any or any adequate measures to avoid the collision. The claims were denied.
Approving the €800,000 settlement and noting the other settlements Mr Justice Kevin Cross offered his sympathies to the Kenny family on what he said was a sad and tragic case.
