Judge to decide damages in triple road death case

MR JUSTICE Michael Moriarty will today decide on the amount of damages to be awarded to a mother of 10, whose eldest daughter…

MR JUSTICE Michael Moriarty will today decide on the amount of damages to be awarded to a mother of 10, whose eldest daughter and granddaughter were killed in a road traffic crash four years ago when the young woman’s partner, who was also killed, drove through a crossroads, colliding with another car.

Yvonne Mahoney (24), from Loughrea, her partner John Maloney (33) and the couple’s two-year-old daughter Bobbi-Anne Mahoney all died in the collision which occurred at Lodge Cross, Rockmore, Athenry, Co Galway, on July 9, 2006.

Ms Mahoney’s mother, Mary Mahoney (56), from St Lawrence’s Fields, Loughrea, jointly sued Galway County Council and the estate of the late John Maloney, the driver of the car, for damages relating to the mental stress sustained by her and her family following the loss of her daughter.

Henry Bourke SC, who represented the late John Maloney, told Mr Justice Moriarty yesterday in the High Court sitting in Galway that the central issue of the case was the question of liability between his client and the second named defendant, Galway County Council.

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Mr Bourke said he had reached an agreement with counsel for the county council in relation to liability.

However, following several protracted adjournments for talks between all parties yesterday, Mr Bourke informed the court that both defendants were withdrawing the question of liability as an issue and that the matter could now proceed directly to assessment of damages.

Mrs Mahoney, a widow, told the court she suffered from ill health for years and Yvonne, who was her eldest daughter, was like a second mother to the other children and did housework and regularly bought shopping for the family.

“She was a second mother to my children.

“She was always there for me, very outgoing, very jolly – the best that any mother could have.

“When you lose a son or daughter, you’re devastated. You’re never right,” Mrs Mahoney told the court.

Mr Justice Moriarty said that from reading the court file, this was clearly a very catastrophic and tragic case.

He said he needed time to consider the reports and evidence before the court and would finalise his assessment for damages today.