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The family of a mother who died in a traffic accident one day after giving birth has resolved a High Court action for her death for 800,000 euros.
Nicola Kenny (26) was on her way to check on her daughter, who had been transferred to a Dublin hospital from Clonmel, when a truck collided with the car in which she was traveling.
Ms. Kenny, from Thurles, was traveling with her mother, Ann, and her aunt Irene Whelan on September 5, 2016. The car had stopped on the shoulder of the M8 motorway in South Tipperary to receive a call from the hospital on the health of Nicola’s baby, Lily Rose. The mother for the first time had just heard the news that her baby was in good health and ready to be transferred back to a Tipperary hospital when the accident occurred.
In Superior Court on Tuesday, Judge Kevin Cross approved an 800,000 euro settlement for the Kenny family, including Lily Rose, who is now four years old.
Three other actions, including PTSD claims brought by Nicola’s father, Paddy, and brother Patrick Jr., and by his mother, Ann, resulting from injuries sustained in the collision were also resolved by the judge.
Paddy Kenny, of Thurles, Co Tipperary, father of the late Nicola Kenny, leaves Four Courts. Photography: Collins Courts
Expressed remorse
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 in this case”.
Outside of court, Paddy Kenny said that his granddaughter Lily Rose was the light of their lives.
“Nicola was a great daughter. Lily Rose is now our reason for getting up in the morning. We have dedicated our lives to Lily Rose. Now she is four years old and looking forward to school, ”she said.
Mr. Kenny, of Kennedy Park, Thurles, had initiated action for the collision. It was claimed that adequate measures were not taken to avoid the collision. The claims were denied.
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