Damages awarded over DJ death

The family of the late RTÉ presenter Uaneen Fitzsimons is to receive €250,000 in settlement of their High Court court action …

The family of the late RTÉ presenter Uaneen Fitzsimons is to receive €250,000 in settlement of their High Court court action over the broadcaster's death in a road crash seven years ago.

An apology was also given in court to the family from the company which owned the lorry that collided with the car in which Ms Fitzsimons was a passenger.

The action was brought by Ms Sharon McKee, a schoolteacher and sister of Ms Fitzsimons, on behalf of her family who said a "light in our lives" had gone out with the young broadcaster's death.

Approving the settlement, which included costs, Mr Justice Vivian Lavan today extended his deepest sympathy to the Fitzsimons family and said it was a most tragic case.

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He hoped the settlement would go some way to recognising the "terrible tragedy".

Mr Vincent Foley SC, for Woodside Haulage Ltd, which owned the lorry involved in the collision, said his client wanted to tender an apology to the Fitzsimons family over her death in the accident near Borris-in-Ossory in Co Laois just after 1pm on November 22nd 2000.

Outside court, Uaneen's brother Ciaran and sister Sharon issued a statement on behalf of the family. They said that, after more than six years, they had at last heard the truth of what happened on that fateful day.

They said the judge's decision on Woodside's liability highlighted the need for greater safety on our roads and the responsibility of those who get behind the wheel.

"Cars and particularly HGVs are lethal weapons," they said. "When Uaneen died in this sudden and tragic way a light in our lives went out . Her family friends and those who loved will forever miss her and all the joy and magic she brought to our lives."

"More important to us than the settlement offered here today is that this case has allowed us to get answers regarding what happened in the accident and has at last uncovered the truth in this tragedy. The loss of Uaneen will remain with us forever."

At the outset of the case, Mr Justice Lavan had dismissed a claim of negligence by Woodside against Laois County Council in relation to the state of the road on which the accident occurred.

The judge referred to evidence to the effect that 500 Heavy Goods Vehicles used the stretch of road daily and that there had been no accident in the area previously.

He said the driver of the lorry, Mr Terence Patrick Mulholland, with an address at Dunclug Park, Ballyclare, Co Antrim, had used the stretch of road regularly and knew that the lorry vibrated on a particular stretch of it.

The judge said the lorry had gone 80 yards on the wrong side of the road without braking when it collided with the car in which the presenter was a passenger. The road was perfectly safe for driving with reasonable care, he said.

On the basis of those findings, the judge found liability against Woodside Haulage Ltd, of

Carrickfergus Road, Ballynure, Ballyclare .

A native of Ardglass in Co Down, Uaneen Fitzsimons worked with BBC Northern Ireland before moving to Dublin where she graduated from Dublin City University in 1994 with a degree in Communication Studies.

She joined RTÉ Cork in January 1997 and presented the "No Disco" show on Network 2 every Wednesday and a late night 2FM show weekdays. She is survived by her parents, two brothers and sister.