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€800,000 High Court settlement in M8 motorway fatal collision case

26-year-old Nicola Kenny was killed when a truck collided with the car she was in September, 2016
26-year-old Nicola Kenny was killed when a truck collided with the car she was in September, 2016

The family of a young Tipperary woman who had given birth to her first child just a day before being killed in a road crash has settled a High Court action over her death for €800,000.

Nicola Kenny, 26, was on her way to check on her baby daughter who had been transferred to a Dublin hospital from Clonmel when a truck crashed into the car in which she was a passenger on 5 September 2016.

Ms Kenny, from Thurles, was travelling with her mother, Ann and aunt Irene Whelan. The car had pulled into the hard shoulder of the M8 motorway in south Tipperary to take a call from the hospital.

She had just heard the news her baby girl, Lily Rose, was in good health and ready to be transferred back to a Tipperary hospital when the crash happened.

In the High Court today, Mr Justice Kevin Cross approved a settlement of €800,000 for the Kenny family, including Lily Rose, who is now four-years-old.

Three other actions, including ones for post-traumatic stress disorder brought by Nicola's father Paddy and her brother Patrick Junior, and a case by her mother Ann as a result of injuries sustained in the crash four years ago, were also noted as settled by the judge.

The settlements announced to the High Court were against Castlekeeran Transport Ltd of Carnaross, Kells, Co Meath, the owners of the truck involved in the collision and the truck driver, Ciaran McBride, of Tivenmara Road, Carna, Keady, Co Armagh.

Jeremy Maher SC, counsel on behalf of Castlekeeran Transport and Mr McBride expressed to the court "remorse for the tragic events of this case".

Nicola's father Paddy Kenny said his granddaughter Lily Rose is the light of the family's lives. He and his wife Ann have devoted themselves to looking after her.

"Nicola was a great daughter. Lily Rose is now our reason to get up in the morning. We have dedicated our lives to Lily Rose. She is four now and looking forward to school," he said.

He added: "Lily Rose is the light of our lives. It would not be worth living except for her."

Mr Kenny, Kennedy Park, Thurles, Co Tipperary had brought the action over the collision.

Nicola and Ann, it was claimed, were passengers in a car that was stationary on the hard shoulder on the M8 Motorway between Cahir and Cashel when it was hit by a truck.

It was claimed there was an alleged failure to take any or any adequate measures to avoid the collision. The claims were denied.

Senior Counsel David Kennedy told the court that before her death Nicola had worked in Tesco and she expected to continue working and her mother and father were going to help out with bringing up Lily Rose.

He said Paddy and Ann Kenny had devoted themselves to bringing up their granddaughter and had built a room at their home so she could have a playroom.

Approving the €800,000 settlement and noting the other settlements, Mr Justice Kevin Cross offered his sympathies to the Kenny family on what he said was a sad and tragic case.