Family of man who died when van hit tree settle case for €260k

An inquest into Brian McDonald’s death heard the impact sent a tree trunk crashing down onto the van's passenger side after the van crashed into the tree on a country road.

Edward McDonald Jnr, a brother of the deceased, had taken the action on behalf of the McDonald family against his younger brother Desmond McDonald, who was the driver at the time of the accident. File image

The family of a 22-year-old man who died after a van driven by his brother crashed into a tree has settled a High Court action over his death for a total of €260,000.

Brian McDonald was 22 years of age and a father to a young child when he died in the accident as he and his older brother delivered logs to a friend’s house in North Dublin seven years ago.

In the High Court today, Mr Justice Kevin Cross offered his sincere sympathy “for the loss of a partner, father, son, and brother in such tragic circumstances.” The judge noted the settlement of €260,000 which includes a payment of €150,00 for Brian’s son Noah McDonald who is now eight years of age.

Counsel for the McDonald family, John Paul Shortt SC, told the court the case arose out of tragic circumstances.

Brian from Maplewood Avenue, Springfield, Tallaght, Dublin, was a front-seat passenger and wearing a seat belt. Counsel said the van went out of control on a road in North Dublin and struck a tree and Brian, unfortunately, lost his life.

Edward McDonald Jnr (aged 43), a brother of the deceased, had taken the action on behalf of the McDonald family of Springfield, Tallaght, against his younger brother Desmond McDonald (aged 32) of Belfry Square, City West, Dublin, who was the driver at the time of the accident on November 25, 2013.

It was claimed there was an alleged failure to stop, slow down or to make any attempt to avoid the collision. Liability was admitted in the case.

An inquest into Mr McDonald’s death heard the impact sent a tree trunk crashing down onto the van's passenger side after the van crashed into the tree on a country road near Garristown in north Dublin on November 25, 2013.

Dublin Coroner’s Court heard that road conditions were bad on the night and the brothers had come across an accident shortly before they crashed.

A garda told the inquest five years ago that stretch of the road where the accident occurred was “treacherous” and if he was driving it he would know from experience to drive very slowly there.

Coroner Dr Brian Farrell said that risk factors for the accident included the varying road surface, lack of signage warning about the dangerous bends and lack of reflectors.

The jury returned a verdict of death by misadventure in relation to Mr McDonald and added a rider at the time recommending that Fingal County Council improve markings and signage on the road and that the speed limit be reduced.