Families of crash victims settle court action

Families members of two of the five young people who died in one of the worst car accidents in the history of the State have today settled their High Court action for more than €400,000.

The actions were brought by Brendan and Annette Duffy, the parents of Gavin, and by Rose and Anthony O'Connor and their children Nicole, Mary and William, whose daughter and sister Charlene O'Connor (aged 21) were killed in road traffic accident that occurred in Co Donegal on October 8, 2005.

The Duffy family of Meenagorey, Buncrana, Co Donegal and the O'Connor family of Straboe, Buncrana, Co Donegal were three of the five families left devastated as a result of the accident that occurred at which occurred at Cross, Quigley Point, Co Donegal.

The three other victims of the accident were Rochelle Peoples (aged 22) David Steele (aged 23) and Darren Quinn (aged 21). All from the Inishowen peninsula were travelling. All five died at the scene.

The Duffy's and the O'Connor's proceedings were taken against Brendan Henderson (aged 50) of Seven Oaks, Waterside, Derry, who caused the accident by driving onto the wrong side of the road and collided with the car in which the five victims were travelling. Liability had been conceded in the case.

Today at the High Court the Duffy family were awarded €205,000, while the O'Connor family secured €225,000.

Mr Joseph McGettigan SC for Brendan and Annette Duffy said it was one of the worst accidents to have ever occurred in this country. Counsel submitted they had suffered severe mental distress and nervous shock as a result of the accident.

Mr Justice Vivian Lavan, who approved the settlement, extended the court's sympathy to all the families involved arising from this "terrible tragic event". He said that he hoped the compensation would go some way towards helping them bring closure on these "terrible and sad events".

The claims were made under the Civil Liability Act and were for damages for negligence and breach of duty against the defendant.

Last July in related High Court proceedings Terence and Rosemarie Peoples, The Woods, Buncrana, secured €110,000 for pain and suffering and loss of dependent arising from the death of their daughter Rochelle.

Samuel Ivan Steele, Three Trees, Quigley's Point, also had a settlement of €73,000 approved by the Court arising from the death of his son David Steele.

At that hearing, the court was told the accident received national prominence in the print and television media and the conclusion was incorrectly drawn that these young people were killed as another example of those who had misbehaved with drink in the early of the morning and late at night.

However, the court heard that this was not the case. They had a designated driver - Gavin Duffy - who was insured and was on the correct side of the road. The accident occurred when Brendan Henderson veered over to the wrong side of the road.

Henderson, who suffered severe injuries and is now in a wheelchair was sentenced to four years imprisonment earlier this year after pleading guilty to dangerous driving.