Widow whose husband’s bike hit stray cow secures €350,000

A widow whose husband died after his motorbike hit a stray cow on a road in Co Limerick has secured €350,000 under a settlement of her High Court action against a law firm.

Margaret Murphy, on behalf of the dependants of her late husband Denis, sued Limerick-based Holmes O'Malley Sexton Solicitors over alleged failure to issue her proceedings against the farmer who owned the cow before the one-year time period for such cases expired.

Ms Murphy alleged negligence and breach of contract against the solicitors, who filed a full defence denying the claims.

On Monday, Richard McDonnell SC, for Ms Murphy, told Mr Justice Richard Humphreys his client was seeking approval of a "very good" settlement offer of €350,000.

This claim was for professional negligence against the firm and issues were raised concerning Mr Murphy allegedly having consumed alcohol on the night in question and an allegation that he was driving too fast, counsel said.

Waivers executed

A settlement offer of €350,000 had been made which would be paid to Ms Murphy and the two daughters of the deceased, counsel said. Mr Murphy’s other dependants had executed waivers in respect of their claims.

The judge said he would approve the offer.

The action was brought by Ms Murphy on behalf of the dependants of her late husband, who ran a welding business, arising from his death in the early hours of October 17th, 2005.

It was alleged Mr Murphy died as a result of his motorbike being involved in a collision with a stray cow on the roadway on the N21 road at Ballymurragh East, Newcastle, Co Limerick.

According to court documents, he was thrown from his motorbike onto the side of the road and pronounced dead at 1.45am. The cow was also found dead.

Ms Murphy alleged Holmes O’Malley Sexton failed to issue proceedings against a farmer over her husband’s death within the time provided for in the Statute of Limitations. This alleged failure made it necessary for her to sue the firm, it was stated.

Ms Murphy said a full defence had been delivered by the law firm denying that, had her case been issued in time, it would have succeeded and also disputing claims related to the value of her husband’s earnings.