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tragic loss Family of mum killed in motorway accident while travelling to visit newborn in hospital awarded €800k


Tragic Nicola Kenny (inset) was killed when a lorry veered off the road and hit her vehicle

Tragic Nicola Kenny (inset) was killed when a lorry veered off the road and hit her vehicle

Tragic Nicola Kenny (inset) was killed when a lorry veered off the road and hit her vehicle

THE family of a young mother who was killed in a tragic road accident has settled a High Court action over her death for €800,000.

Nicola Kenny (26) was on her way to check on her day-old 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.

Nicola, 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 concerning the health of Nicola's baby, Lily Rose.

She had just heard that her baby girl was in good health and ready to be transferred back to a Tipperary hospital when the accident happened.

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

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

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

Jeremy Maher SC , for Castlekeeran Transport and Mr McBride, expressed to the court “remorse for the tragic events of this case”.

Outside court Nicola’s father Paddy Kenny said he and his wife Ann have devoted themselves to looking after Lily Rose.

“Nicola was a great daughter,” he said.

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

Paddy Kenny, of Kennedy Park, Thurles, Co Tipperary, had brought the action over the accident on September 5, 2016, on the M8 motorway between Cahir and Cashel.

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

Counsel for the Kennys, David Kennedy SC, told the court Nicola had given birth to Lily-Rose the day before, and the baby had been transferred to a Dublin hospital as there was a concern in relation to her mouth.

The next day, on their way to Dublin to see Lily Rose, counsel said the car pulled over on the hard shoulder as Nicola took a call from the Dublin hospital and unfortunately the truck hit them.

Before her death, Nicola had worked in Tesco, counsel said, and she expected to continue working, with her mother and father set to help out with bringing up Lily Rose.

Mr Justice Cross offered his sympathies to the Kenny family on what he said was a sad and tragic case.

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