Former Irish Ryder Cup golfing star Christy O'Connor junior and the Motor Insurance Bureau of Ireland (MIBI) were sued in the High Court yesterday arising out of a road accident over four years ago in which Mr O'Connor's teenage son, Darren, and two others died.
Eighteen year-old Darren was driving his father's white BMW when it collided with a jeep coming in the opposite direction on the main Gort-Kilcolgan road near Kilcolgan village, Co Galway on September 7th, 1998.
Mrs Anne Hynes, a maths teacher and widow of the driver of the jeep, Michael Hynes (50) a supermarket owner, of Mullagh Road, Miltown Malbay, Co Clare, has brought an action for damages.
A separate action is brought on behalf of the couple's supermarket, Hynes Supermarket Ltd.
The MIBI is sued, according to Mrs Hynes's statement of claim, because Christy O'Connor's son was not covered by insurance on the date in question.
The defendants deny the claims. Mr Henry Bourke SC, for the MIBI and Mr O'Connor, said there were major disputes on liability and the point of impact.
Mr Patrick Keane SC, for Mrs Hynes, said there would be evidence that Mr Hynes was driving at a reasonable speed, probably about 30 or 40 m.p.h. and his jeep was carrying goods for the supermarket. He had pulled in to the side of the road shortly before the accident to allow another car to pass.
He then came out and continued towards Gort when suddenly he was faced with a white BMW which at the best evidence was being driven at 70 m.p.h. and was overtaking another car. The BMW was being driven by Darren O'Connor, who never had a driving licence and had taken his father's car.
Mr Keane said a witness claimed that Mr O'Connor's car was completely on the wrong side of the road and collided with Mr Hynes's jeep. A passenger in Mr O'Connor's car, along with Darren, was killed.
Mr and Mrs Hynes had run a very successful supermarket business in Miltown Malbay. Mrs Hynes had been teaching part time at the time of the accident. Mr Hynes also had a number of properties, land and cattle along with various other assets.
Ms Sarah Smith, Gort, Co Galway, in evidence, said she had been a passenger in another car when she saw the white BMW. She thought it was a tourist travelling on the wrong side of the road. It came past at speed. She thought it was doing approximately 70 m.p.h.. She saw a red jeep on its correct side, saw them smash together and rise up.
The driver of the jeep was slumped over the steering wheel and obviously dead.
Mr Noel McCarthy, for the defendants, said the driver of Ms Smith's car, Mr Michael Qualter, would give evidence that no white car passed them and that they were travelling behind the white car. Ms Smith agreed that her evidence contradicted what the driver claimed to have seen.
Garda John McDonagh said he found the BMW on its incorrect side of the road and the jeep on its correct side.
He said he took the point of impact to be where the cars finished up "or very close."
The hearing continues today.