Family of woman killed in bus accident to get €750,000

The family of a woman who was among five people who were killed when a bus mounted the footpath at Dublin's Wellington Quay last…

The family of a woman who was among five people who were killed when a bus mounted the footpath at Dublin's Wellington Quay last year is to receive €750,000 in settlement of their High Court action against Dublin Bus.

Kathleen Gilton (69), a mother of four, was described as the "kingpin and mainstay" of her family.

Her daughter, Nuala, was also injured in the accident of February 21st, 2004, and spent four months in hospital.

Mrs Gilton was survived by her 84-year-old husband and two significantly disabled daughters, the court heard.

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When the case, brought on behalf of her family, was called yesterday morning, Mr Justice Vivian Lavan said it was a very tragic case and he would have expected the chairman of CIÉ and Dublin Bus, or a representative of the company's board, to be present at the court hearing.

He took it that the board was represented, he said.

Solicitor for Dublin Bus Gerard O'Herlihy said he believed the company had reacted in a very unique way to the accident and from the first moment had conceded liability in this case and in all of those involved.

He said it had paid €8,000 for hospital visits when Mrs Gilton's daughter, Nuala, who was injured in the accident. She was in hospital for four months. The company had also paid for relatives to travel from the Britain and for funeral expenses and hospital bills.

The company had done everything it possibly could.

Mr Justice Lavan said: "I take it the board is not represented in court. I will expect the chairman and members of the board to be here at 2 pm."

The action was brought by Liam Gilton (44), Newtown, Maynooth, Co Kildare, and on behalf of Mrs Gilton's other dependants - her husband James and three daughters, Mary and Nuala Gilton and Noreen Doogan.

The claim was for mental distress, economic loss, loss of services, loss of income and loss of disability allowance.

When the case was due to resume yesterday afternoon, Mr Justice Lavan was told that it had been settled.

Mr O'Herlihy apologised over the board issue and said that a member of the board, Dorothea Dowling, actually had been outside the courtroom at the time the judge had made his comments.

Earlier senior counsel Harry Whelehan, for the family, said Mrs Gilton had been "the kingpin and mainstay" of the family. Her husband was 84 years of age and she also had two significantly disabled daughters.

Since her death, the family had been thrown back on their own resources with some help from the health board, Mr Whelehan said.

Expressing deep sympathy to the extended family, Mr Justice Lavan said he agreed with Mr Whelehan's estimation that Mrs Gilton was a truly remarkable lady who had had a remarkable life - making a remarkable contribution to her family.

The family must have wonderful memories of her, he said.