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THE family of a young mother who died in a tragic traffic accident has settled a High Court lawsuit for her death for 800,000 euros.
Nicola Kenny (26) was on her way to check on her one-day-old daughter, who had been transferred to a Dublin hospital from Clonmel, when a truck collided with the car in which she was traveling as a passenger.
Nicola, from Thurles, was traveling with her mother, Ann, and her aunt, Irene Whelan.
The car had stopped on the shoulder of the M8 motorway in South Tipperary to receive a call from the hospital about the health of Nicola’s baby, Lily Rose.
She had just learned that her baby was in good health and was ready to be transferred back to Tipperary hospital when the accident occurred.
Judge Kevin Cross today approved an 800,000 euro settlement for the Kenny family, including Lily Rose, who is now four years old.
Three other actions, including those for post-traumatic stress disorder by Nicola’s father, Paddy and his brother Patrick Junior, and a case by his mother Ann, resulting from the injuries she sustained in the accident, were also settled by the judge.
The settlements were against Castlekeeran Transport Ltd of Carnaross, Kells, Co Meath, the owners of the truck involved in the accident and the truck driver Ciaran McBride, Tivenmara Road, Carna, Keady, Co. Armagh.
Jeremy Maher SC, of Castlekeeran Transport and Mr. McBride, expressed to the court “remorse for the tragic events of this case.”
Outside of court, Nicola’s father, Paddy Kenny, said he and his wife Ann have dedicated themselves to caring for Lily Rose.
“Nicola was a great daughter,” he said. “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. “
He added: “Lily Rose is the light of our lives. It wouldn’t be worth living except for her. “
Paddy Kenny of Kennedy Park, Thurles, Co Tipperary, had brought the action for the accident of September 5, 2016 on the M8 motorway between Cahir and Cashel.
It was claimed that adequate measures were not taken to avoid the collision. The claims were denied.
The Kennys’ attorney, David Kennedy SC, told the court that Nicola had given birth to Lily-Rose the day before and that the baby had been transferred to a Dublin hospital because there was a concern regarding her mouth.
The next day, on the way to Dublin to see Lily Rose, the lawyer said the car pulled up on the shoulder when Nicola got a call from Dublin hospital and sadly they were hit by the truck.
Before her death, Nicola had worked at Tesco, the attorney said, and hoped to continue working, with her mother and father willing to help raise Lily Rose.
Judge Cross expressed his condolences to the Kenny family for what he said was a sad and tragic case.
Online editors
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