Courts

Three children settle court actions over collision that left father dead and mother with catastrophic brain injury

Cork children’s father, who was driver of car, died four days after the collision

The Redmond O'Callaghan children settled their High Court action.

Fri Jan 26 2024 - 15:41

Three children whose father died and whose mother ended up with a catastrophic brain injury after a crash are to receive €300,000 in settlement of a High Court action.

The settlement against Cork County Council is without an admission of liability.

Teegan (16), Miley (15) and Daniel (12) Redmond O’Callaghan are being raised by their grandmother, Norma Redmond, of Fairhill, Co Cork, who brought proceedings on their behalf.

In the High Court, Mr Justice Paul Coffey was told the two Redmond O’Callaghan girls were less than four years old when a tractor and the car their parents were travelling in collided on the old Glanmire to Cork road in 2011.

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Their father, Myles O’Callaghan, Donoughmore, Co Cork, was driving the car. He died in hospital four days after the crash.

The children’s mother, Olivia Redmond O’Callaghan, was 28 years of age and left with massive brain damage, needing 24-hour care for the rest of her life. In 2021, she settled an action over the crash for €14.75 million.

She had sued her late husband’s estate, the Motor Insurers Bureau of Ireland (MIBI) and Cork County Council. The settlement was against the MIBI and Cork County Council, who both denied the claims in the case.

In its defence to that action, the MIBI claimed Ms Redmond O’Callaghan permitted herself to be carried in a car for which she knew there was no valid insurance policy in place.

The court heard then that Ms Redmond O’Callaghan was 12 weeks pregnant at the time of the accident. She gave birth to a healthy baby boy, Daniel, in March 2012 but she never realised she has a son and did not recognise her children.

In the proceedings against Cork County Council, Norma Redmond claimed there was a failure to erect warning signs along the old Glanmire to Watergrasshill Road to indicate there were dangerous bends ahead.

It was further claimed the camber of the stretch of road leading up to the site of the accident had been caused to become allegedly dangerous.

Cork County Council denied all claims and denied the camber of the road was dangerous or in a defective state. It contended the road surface was in a very good condition and the road was designed and constructed per best practice at the time. It further claimed the bend was visible for 210m.

Counsel for Ms Redmond, Hugh Mohan SC, told the court liability was significantly at issue in the case. He said the horrific collision was the beginning of all the trouble for the Redmond O’Callaghan family. Olivia Redmond O’Callaghan, who is now aged 40, remains in a non-communicative state.

Counsel said that in the October 4th, 2011, crash, Mr O’Callaghan’s car, which was going down a hill on its approach to a sharp left-hand bend, appeared to veer over onto the opposite carriage and collided with a tractor and trailer.

Counsel said Ms Redmond is, in effect, now a mother to her grandchildren.

Approving the settlement and the division of a further €25,000 statutory mental distress payment, Mr Justice Coffey said it was fair and reasonable. He noted there was a litigation risk in the case. Turning to Ms Redmond, he said he wished to salute her for all she has done for her grandchildren and the judge said he was delighted that the matter has been resolved.

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