Publicans ‘had no duty of care’ to death crash victim

THE High Court has ruled two publicans had no duty of care to an elderly man whom they had served drink prior to his death in a crash in which one other person was killed.

In what had been described as “a groundbreaking” action, Mr Justice Kevin Feeney yesterday dismissed a claim that bar owners Seamus and Concepta Kelly had acted negligently in serving up to six pints of stout to John Connolly, 79, and not preventing him from driving a car, which was involved in a collision after he left the Kellys’ bar.

The Kellys, the judge ruled, did not owe the duty of care claimed to John Connolly and that duty could not be extended to those killed or injured as a result of his driving.

Mr Connolly, Kinlough, Co Leitrim, and Anne McSorley, Antrim Road, Belfast, died after vehicles driven by Mr Connolly and Mary Flanagan, mother of Ms McSorley, collided at Bunduff Bridge on the main Sligo to Bundoran road on March 31, 2005, about two miles from Mr Connolly’s home.

A postmortem revealed Mr Connolly, who was seen driving in an erratic manner just before the collision, was three times over the drink driving limit.

Ms Flanagan, of Oakland Road, Omagh, Co Tyrone, who was herself seriously injured in the accident, sued the estate of Mr Connolly alleging the collision was due to his negligence and breach of duty of care. Liability was admitted and that case was settled for €275,000.

However, Mr Connolly’s estate brought proceedings seeking an indemnity or contribution by the two publicans of The Diamond Bar, Tullaghan, Co Leitrim, against that award. They denied any liability and contended Mr Connolly was totally to blame.

It was claimed 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 roadway.

It was 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 Justice Feeney said that there was no precedent or court judgement in Ireland concerning the duty of care of a publican in a case such as this.