A settlement of compensation for the death of a child in a car accident has been approved in the Circuit Court in favour of the mother of a toddler who was run over by a neighbour.
On March 3rd 2013, Lily Rose O´Toole was playing in the front garden of her family home in Tallaght, Dublin, watched by her mother Ruth. Ruth left her one-year-old daughter unattended for just a few minutes to chat with a neighbour who was just about to leave in her car.
After waving the neighbour goodbye, Ruth turned back towards her garden but could not see Lily Rose. Ruth then heard a commotion and turned around to see her daughter lying on the floor at the back of the neighbour´s car.
Lily Rose was able to get up and walk a few steps towards her mother but, as Ruth picked her daughter up, she saw a graze on the little girl´s forehead. Lily Rose was taken to the nearby Tallaght Hospital, but died later due to intra-abdominal bleeding caused by internal injuries.
After seeking legal advice, Ruth made a claim for compensation for the death of a child in a car accident under the Civil Liability Act 1962 against her neighbour – Esther Dillon. Liability was accepted by Ms Dillon´s car insurance company and a settlement of compensation was agreed.
Because a part of the compensation settlement was for the mental anguish suffered by Lily Rose´s ten-year-old step-brother – Patrick – the settlement of compensation for the death of a child in a car accident had to be approved by a judge before the claim could be resolved.
Consequently, Mr Justice Raymond Groarke at the Circuit Civil Court heard the circumstances of Lily Rose´s tragic accident and how the settlement of compensation was to be distributed – €20,394 for Ruth´s mental distress, €10,794 for fees and funeral expenses and €5,000 being awarded to Patrick.
The judge approved the settlement of compensation for the death of a child in a car accident and expressed the court´s deep sympathy to Ruth – saying “the loss of a child is a terrible thing to happen to any mother”.