Parents of child killed in crash awarded damages for mental distress

The parents of a four-year-old child, who was killed last April in a collision, were today (Thursday) each awarded €10,000 damages in the Circuit Civil Court for mental distress and loss. Barrister Justin McQuade told the court that the late Ciarán Treacy had been in a car driven by his mother, Gillian Treacy, when it was hit by a another vehicle on April 17th last, near Portarlington, Co Laois.

Mr McQuade said that Ciarán had died in the collision. His mother Gillian had been seriously injured and is now in a wheelchair, and Ciarán’s brother, Seán (now eight), had also been injured.

Ciarán’s father, Ronan Treacy, of Kilmalogue, Portarlington, Co Laois, brought the legal action on his and other family members’ behalf under the Civil Liability Act 1961.

Treacy sued car owners Mondelez Ireland Ltd and Leaseplan Fleet Management Services Ireland Ltd, and car driver Finbar O’Rourke, with an address at Malahide Road, Coolock, Dublin.

Counsel told Circuit Court president Mr Justice Raymond Groarke during today’s application, which was made ex-parte (one side only), that Mr O’Rourke’s insurance company had accepted liability and that a settlement offer had been made and was subject to the court’s acceptance.

Mr McQuade said the damages for mental distress offer consisted of €10,000 each for the parents Ronan and Gillian Treacy; €5,000 each to Ciarán’s brother, Seán, and two-year-old sister Caoimhe; €1,250 each to Ciarán’s maternal grandparents, Noel and Marie Ryan; and €1,250 each to his paternal grandparents, Patrick and Mary Treacy.

The judge, approving a total offer of €35,000 and awarding Mr Treacy a further €8,000 for funeral expenses, expressed the court’s deep sympathy to the Treacy family in their tragic loss.