ACTOR Frank Kelly, one of the stars of television's Father Ted, was held to be 80 per cent responsible for a road accident three years ago by a High Court judge yesterday.
A US tourist was awarded £46,000 damages and costs against Mr Kelly, who plays Father Jack in the series. The actor was not in court.
Mr Kelly was sued by Mr Tom Gallagher, from Tucson, Arizona, after he was struck by a 1973 Mark III Cortina driven by the actor.
Mr Gallagher, said Mr Justice Budd, was thrown on to the bonnet of the car, hit the windscreen and was carried a distance before falling to the road.
He sustained severe injuries to his left leg, along with other injuries, although Mr Justice Buddy said he was now fully mobile.
The accident happened before midnight on August 27th, 1993, as Mr Gallagher, a photographer, now aged 29, and two friends were crossing Old Dun Laoghaire Road, Dun Laoghaire.
Two witnesses for Mr Gallagher claimed Mr Kelly was travelling between 40 and 50 mph. Mr Kelly (56) said he was travelling at no more than 30 mph. He did not drive above the speed limit.
The actor, from Stradbrook Road, Blackrock, Co Dublin, was on his way to pick up his daughter from a dance at the Royal Irish Yacht Club.
Mr Justice Budd, in his judgment, assessed damages at £58,317 but apportioned liability at 80 per cent on Mr Kelly's part and 20 per cent on the part of Mr Gallagher, leaving the final award at £46,654.
He said he had no doubt that Mr Kelly and all the witnesses were doing their best to give a true account of events. Nevertheless, he was convinced that Mr Gallagher and his US friend did check that the road was clear before they started to walk, not run, at a brisk pace across the road.
He said he thought Mr Kelly should have seen the three pedestrians crossing the road. Apart from the slight distraction of an oncoming car with dimmed headlights, there should have been an unimpeded view of the pedestrians crossing.
He said he had no doubt that Mr Kelly was exceeding the speed limit, as did much of the traffic on that stretch of road. Mr Kelly was not driving recklessly but was driving inadvertently.
Mr Justice Budd said Mr Kelly failed to keep a proper look out and was driving too fast. He thought Mr Gallagher should have been keeping a better look out for his own safety and taken evasive action. Nevertheless, it seemed the negligence of the car driver was considerably greater than the culpability of the pedestrian.