Family of mother killed in crash a day after giving birth settles case for €800k

Grandparents say ‘Lily Rose is now our reason to get up in the morning’

The late Nicola Kenny (26)

The late Nicola Kenny (26)

 

The family of a mother who died in a road collision a day after giving birth has settled a High Court action over her death for €800,000.

Nicola Kenny (26) was on her way to check on her baby daughter, who had been transferred to a Dublin hospital from Clonmel, when a truck crashed into the car in which she was a passenger.

Ms Kenny, from Thurles, was travelling with her mother, Ann, and aunt Irene Whelan on September 5th, 2016. The car had pulled into the hard shoulder of the M8 motorway in south Tipperary to take a call from the hospital concerning the health of Nicola’s baby, Lily Rose. The first-time mother had just heard the news her baby girl was in good health and ready to be transferred back to a Tipperary hospital when the accident happened.

In the High Court on Tuesday Mr Justice Kevin Cross approved a settlement of €800,000 for the Kenny family, including Lily Rose, now aged four.

Three other actions, including claims for post-traumatic stress disorder brought by Nicola’s father, Paddy, and her brother Patrick jnr, and by her mother, Ann, as a result of injuries sustained in the collision were also noted by the judge as settled.

Paddy Kenny, of Thurles, Co Tipperary, father of the late Nicola Kenny, leaving the Four Courts. Photograph: Collins Courts
Paddy Kenny, of Thurles, Co Tipperary, father of the late Nicola Kenny, leaving the Four Courts. Photograph: Collins Courts

Remorse expressed

The settlements announced to the court were against Castlekeeran Transport Ltd of Carnaross, Kells, Co Meath, owner of the truck involved in the accident, and the truck driver, Ciaran McBride, Tivenmara Road, Carna, Keady, Co Armagh.

Jeremy Maher SC, on behalf of Castlekeeran Transport and Mr McBride, expressed to the court “remorse for the tragic events of this case”.

Outside court, Paddy Kenny said his grand-daughter Lily Rose was the light of their lives.

“Nicola was a great daughter. Lily Rose is now our reason to get up in the morning. We have dedicated our lives to Lily Rose. She is four now and looking forward to school,” he said.

Mr Kenny, of Kennedy Park, Thurles, had brought the action over the collision. It was claimed there was failure to take any or adequate measures to avoid the collision. The claims were denied.