AN INDEMNITY is being sought in a “ground-breaking” case at the High Court against two publicans on grounds they acted negligently in serving alcoholic drinks to an elderly man and not preventing him then driving a car.
The man died, along with a woman, shortly afterwards in a horrific road crash.
John Connolly (79), Kinlough, Co Leitrim, and Anne McSorley, Antrim Road, Belfast, died after vehicles driven by Mr Connolly and Mary Flanagan, mother of Ms McSorley, collided on the main Sligo to Bundoran road on March 31st, 2005, about two miles from Mr Connolly’s home.
Ms Flanagan, Oakland Road, Omagh, Co Tyrone, who was herself injured in the accident, later sued the estate of Mr Connolly alleging the collision was caused by the negligence and breach of duty of care of the deceased.
Liability was admitted and that case was settled for €275,000.
The estate of Mr Connolly has now brought what Mr Justice Kevin Feeney was told are “ground-breaking” proceedings seeking indemnity or contribution by two publicans, Séamus and Concepta Kelly, against that award.
The Kellys have denied any liability and contend Mr Connolly was totally to blame for the collision.
Yesterday, Edward Walsh SC, for the estate, told the court Mr Connolly was a regular at the defendants’ pub, The Diamond Bar, Tullaghan, Co Leitrim, and was served between five and six pints of Guinness there between 11-30am and 3-30pm on the day of the incident. He then left the pub and drove.
Shortly afterwards, Mr Connolly was killed when his vehicle collided with a car driven by Ms Flanagan at Bunduff Bridge.
It is alleged the publicans acted negligently and in breach of duty of care in serving alcohol to Mr Connolly prior to the collision when, it is claimed, they knew or ought to have known he would drive on a public road way.
It is further claimed the publicans did not take any or any adequate steps to prevent Mr Connolly driving his car when they knew or ought to have known he was intoxicated. It is also alleged they continued to serve him when he was unfit to drive.
Mr Walsh said the incident occurred when Mr Connolly’s car went on the wrong side of the road and collided with Ms Flanagan’s car.
Mr Connolly and Ms McSorley were pronounced dead at the scene.
Tests revealed Mr Connolly was between two and a half to three times over the legal drink driving limit and a Garda investigation revealed he had been drinking in the pub for a number of hours before the incident.
The case continues.