Publicans negligent in serving drink-driver, court hears

Two publicans who served alcoholic beverages to a man who was one of two people killed in a horrific road traffic accident shortly after he drove home from the pub acted in a negligent manner, it was claimed before the High Court today.

In what was described as a "groundbreaking" case before Mr Justice Kevin Feeney, the nominee of the estate of late John Connolly of Kinlough, Co Leitrim has claimed it is entitled to an indemnity, or in the alternative a contribution, from publicans Seamus and Concepta Kelly in respect of a claim against Mr Connolly arising out of the fatal accident.

The court heard that at around 4pm on March 31, 2005, Mr Connolly (aged 79) was killed after his vehicle and another car were collision, in which the driver Mary Flanagan was injured and her daughter Anne McSorley from Antrim Road, Belfast was killed.

The accident occurred at Bunduff Bridge on the main Sligo to Bundoran Road.

Mr Connolly, the court heard, was served between five and six pints of Guinness at the Kelly's pub between 11.30am and 3.30pm on the day of the accident.

The Kellys have denied the claims and argue that there was nobody else other than Mr Connolly to blame for the collision.

In the proceeding before the High Cour,t it is claimed that the Kellys who run the Diamond Bar, Tullaghan, Co Leitrim were negligent and in breach of duty of care in serving alcohol to Mr Connolly prior to the collision when they ought to have known that he would drive on a public roadway.

It is further claimed that the Kellys did not take any adequate steps to prevent Mr Connolly from driving his car when they ought to have known that he was intoxicated, and that they continued to serve him when he was unfit to drive.

Opening the case, Mr Edward Walsh SC said that High Court proceedings taken by Mrs Flanagan, Oakland Road, Omagh, Co Tyrone against Mr Connolly, on the grounds that the collision was caused by the negligence and breach of duty of care of the deceased man, were settled for €275,000.

Counsel said that when the accident occurred when Mr Connolly's car went on the wrong side of the road and collided with Mrs Flanagan's car. Counsel said that the scene of the accident was described as "carnage".

The court heard that both Mr Connolly and Mrs McSorley were pronounced dead at the scene, which was about two miles from Mr Connolly's home.

Tests revealed that Mr Connolly was between two and half to three times over the legal drink driving limit. Liability was admitted on behalf of Mr Connolly.

Counsel said that a Garda investigation was carried out into the circumstances of the accident, which revealed that Mr Connolly had been drinking in the pub for a number of hours before the accident.

Counsel said that Mr Connolly lived about four miles away from the pub and was a regular there.

Counsel said that on the date in question he was served pints by both Mr and Mrs Kelly who counsel said knew or ought to have know that he intended to drive home when he was unfit to do so.

Anthony Kidney SC for the Kellys said that all the claims against his clients were being fully contested.

Counsel said the plaintiffs had brought what was a "groundbreaking" case in which they sought to "blame somebody else" for the accident which was Mr Connolly's fault.

The case continues.