Posted: May 15th, 2018
The driver of a truck that suddenly veered off the M8 Dublin-Cork motorway and struck a car stopped on the hard shoulder, killing a young mother on her way to see her sick new born baby in a Dublin hospital, avoided a prison sentence but was ordered by Court to pay €2,000 a year for five years, to a total of €10,000 to the parents of the victim.
The case, being heard in Tipperary Circuit Criminal Court, was advised that Nicola Kenny (26) died instantly from multiple injuries in the crash between the truck and the car in which she was travelling as a back-seat passenger. Truck driver Ciaran McBride (33) pleaded guilty to careless driving causing death between Junctions 10 and 9 on the M8 Dublin-Cork motorway on September 5 2016.
Judge Tom Teehan, in imposing a suspended 18 month prison sentence, said the evidence indicated it was most likely the truck driver momentarily fell asleep at the wheel rather than being distracted by a fit of sneezing as claimed.
He added: “He is somebody who is going to have to live for the rest of his days with the knowledge that he has caused the death of another human being and caused life changing effects to an entire family.”
Ms Kenny had given birth to a girl, Lily Rose, in Clonmel Hospital on September 4. Lily Rose, the little girl became ill and was rushed to Temple Street in Dublin. Ms Kenny had just been collected by her Thurles-based mother and aunt and was on her way to visit the baby in Dublin.
Judge Teehan was told that the defendant indicated to Gardaí he would plead at a very early stage and co-operated fully with the investigation. Mr McBride had contacted the Kenny family, through an Armagh priest, and offered to attend Nicola’s funeral. However, he agreed not to do so when he learned of the Tipperary family’s wishes.
Defence counsel Philip Sheahan said his client was deeply remorseful and was now suffering Post Traumatic Stress Disorder (PTSD).
Judge Teehan described it as a desperately tragic case with unthinkable consequences for the Kenny family. He imposed an 18-month suspended prison sentence and disqualified Mr McBride from driving for a period of five years.
Categories: Car Accident Compensation