Family awarded €100k over teen’s car crash death

The family of a teenager killed in a car crash in Knocknaheeny, Cork City, in May 2010, has been given €100,000 in compensation.

In Dec 2010, the drivers of the two cars were jailed at Cork Circuit Criminal Court. James Simms, aged 29, of no fixed address, was jailed for four years. Philip Murphy, aged 42, of 58 Killala Gardens, Knocknaheeny, Cork, was jailed for six years.

A civil case arising from the incident was before the High Court sitting in Cork yesterday. Tom Creed SC said a settlement of €100,000 was offered on behalf of the defence to the family of the late Derry O’Callaghan, 19, one of two teenagers killed in the incident.

Mr Justice Éamon de Valera said that, on the recommendation of the plaintiff’s senior counsel, he would approve the offer of €100,000 made by the Motor Insurance Bureau of Ireland.

The bureau was brought into the case as a defendant because Simms and Murphy were uninsured.

Sgt Brendan Kelly said during the sentencing hearing over a year ago that CJ Dolan, 16, and Derry O’Callaghan, 19, died in the crash.

Judge Patrick J Moran said at the time: “This was horrific, appalling, shocking type of driving on this particular night.

“James Simms took this turn [at Harbour View Road] at considerable speed and was rear-ended in the process by the car driven by Philip Murphy. As a result of that, both cars left the road. The cars collided with the wall. The Mondeo [driven by Simms] was spun around facing the direction from which it travelled. The Volkswagen [driven by Murphy] was beside it, both cars extremely damaged.”

There was evidence that the Mondeo lost some control on the corner and that afterwards it was struck from behind by the Volkswagen, causing the Mondeo to spin out of control. Both vehicles crashed into a wall in Hollywood estate, causing the deaths of CJ Dolan and Derry O’Callaghan, backseat passengers in the Mondeo.

Judge Moran extended the sympathy of the court to the families of the deceased, and explained that he differentiated on sentences because of the additional aggravating factor that Murphy had driven 2.6km before the accident with the limited vision afforded by a smashed windscreen.

He also took into consideration that Simms had cerebral palsy.

Bernice O’Callaghan, Derry’s mother, had her victim impact statement read at sentencing by her daughter, Cathy: “Derry was 19 when he died. He had a learning difficulty. He needed a lot of my time. He had one brother and one sister, he was my youngest, my baby.

“Because of his learning difficulties I spent a lot of time with him. He made me laugh every day, his innocent approach.

“Since he died my house is empty. He was my son, my friend, he would sit with me, he would talk about everything.

“Every day I miss him and the things he did. I still talk to him and think he is still in the house. I love him and miss him and will until the day I die.”