Posted: December 13th, 2010
A contributory negligence claim has been made by the estate of a drunk driver against two publicans after the driver who caused the fatal collision was found to be three times over the legal limit for driving.
John Connolly had been drinking since 11.30 am in the Diamond Bar in Tullaghan, Leitrim and in the late afternoon his car collided with a vehicle carrying a mother, Mary Flanagan, and daughter, Anne McSorley, resulting in injuries to the mother and the death of the daughter.
The High Court heard that the estate of Mr Connolly alleged that publicans Concepta and Seamus Kelly knew or ought to have known that he would drive on a public road. Mrs Kelly said in court “It is up to the individual themselves to know their own body. There are people who can drink and drive with three or four pints and people who cannot drive with one”. The contributory negligence claim was adjourned for one month by Mr Justice Kevin Feeney.