The widow and children of a man killed in a traffic accident three years ago are to be paid €350,000 under the terms of settlement of an action for damages which was approved by the High Court yesterday.
Ms Evelyn Godfrey (44), Ballinagarda, Ballyneety, Co Limerick, widow of Mr Charles Godfrey, who died on July 8th, 2001, brought the action on her behalf and on behalf of their five children. Mr Godfrey was driving his motorcycle from Dublin to Limerick when it was in collision with a car at Ballinakill, Roscrea, where major roadworks were being carried out.
The action was against Coffey Construction Ltd, with registered offices at Arthur's Quay, Limerick; Mr Stiofán Ó Flannabhra, Rathnaleen, Nenagh, Co Tipperary, said to be the driver of the car, and North Tipperary County Council. It was claimed that Coffey Construction Ltd was carrying out the roadworks for North Tipperary County Council. The defendants denied negligence and submitted there was negligence by the late Mr Godfrey.
Mr Marcus F. Daly SC, for Ms Godfrey, said the accident occurred on a nice, bright Sunday afternoon. There was nothing to suggest Mr Godfrey had done anything wrong. It was claimed that at the roadworks there had been a failure to properly indicate the direction in which people, including Mr Ó Flannabhra, should travel.