A woman who sued golfer Christy O'Connor jnr and the Motor Insurance Bureau of Ireland over an accident which claimed three lives, including her husband and the golfer's son Darren, has settled her High Court action for €225,000.
Darren O'Connor (18) was driving his father's white BMW when it collided with a jeep driven by Michael Hynes and coming from the opposite direction, on the main Gort-Kilcolgan road near Kilcolgan village, Co Galway, on September 7th, 1998.
Ms Anne Hynes, widow of Mr Hynes (50), a supermarket owner of Mullagh Road, Milltown Malbay, Co Clare, subsequently took civil proceedings against Mr O'Connor jnr and the MIBI. The defendants denied the claims and liability was not admitted.
Opening the case last week, Mr Patrick Keane SC, for Ms Hynes, said Mr Hynes was, at the time of the collision, driving at a reasonable speed, probably about 30-40 m.p.h. and his jeep was carrying goods for the supermarket. He had pulled into the side of the road shortly before the accident to allow another car to pass.
Mr Keane said Mr Hynes then continued driving towards Gort when he was suddenly faced with a white BMW which, at the best evidence, was being driven at 70 m.p.h. and was overtaking another car. The BMW was being driven by Darren O'Connor who never had a driving licence and had taken his father's car.
Mr Keane said one witness claimed that Mr O'Connor's car was on the wrong side of the road and collided with Mr Hynes's jeep. Mr O'Connor and a passenger in his car were killed.
The court was told Mr and Ms Hynes had run a successful business in Milltown Malbay. Ms Hynes had been teaching part-time at the time of the accident. Mr Hynes also had a number of different properties along with cattle and various other assets.
Garda John McDonagh said he found the BMW on its incorrect side of the road and the jeep on its correct side.
Ms Sarah Smith, Gort, Co Galway, had earlier given evidence that she had been a passenger in a car when her attention was drawn to a white BMW. She thought it was a tourist travelling on the wrong side of the road.
It came past at speed, she thought about 70 m.p.h. She saw a red jeep on its correct side and saw the vehicles smash together and rise up. The driver of the jeep was slumped over the steering wheel and was obviously dead.
Mr Noel McCarthy, for the defendants, said Mr Michael Qualter, the driver of the car in which Ms Smith was travelling, would give evidence that no white car passed them and that they were travelling behind the white car. Ms Smith agreed that her evidence contradicted what the driver claimed to have seen.
Ms Hynes said she wanted to keep on her job as a teacher and did not want the responsibility of managing the supermarket in Milltown Malbay and had leased it to her two sisters-in-law.
Her first husband had died in the 1980s and they had two children. She also had two children with Mr Hynes. After talks between the parties, Mr Justice O'Donovan was told the case was settled. About half of the award will go to Mr Hynes's dependants.