Three children whose father died and whose mother ended up with a catastrophic brain injury after a crash between a car and a tractor on a Cork road are to receive a total of €300,000 in settlement of a High Court action.
The settlement against Cork County Council is without an admission of liability.
The Redmond O'Callaghan children, Teegan (16),Miley (15) and Daniel (12) are now brought up by their grandmother Norma Redmond, Fairhill, Co Cork, who brought the proceedings against Cork County Council on their behalf.
In the High Court, Mr Justice Paul Coffey was told that the two Redmond O’Callaghan girls were under four years of age when the accident happened on the old GLanmire to Cork Road in 2011. Their father Myles O’Callaghan, Donoughmore, Co Cork who was the driver of the car died in hospital four days after the accident.
The children’s mother, Olivia Redmond-O’Callaghan, was only 28 years of age and left with massive brain damage and needing 24-hour care for the rest of her life.
In 2021, she settled for €14.75 million, an action over the accident.
She had sued her late husband’s estate, the Motor Insurers Bureau of Ireland and Cork County Council. The settlement, the court heard was against the MIBI and Cork County Council.
On that occasion, the court heard Ms Redmond O’Callaghan was 12 weeks pregnant at the time of the accident and gave birth to a healthy baby boy – Daniel, in March 2012 but she has never realised she has a son and did not recognise her children.
The children's grandmother, Norma Redmond, Fairhill, Co Cork, in the proceedings against Cork County Council, claimed there was an alleged failure to erect warning signs along the old Glanmire to Watergrasshill Road to indicate there were dangerous bends ahead.
It was further claimed that the camber of the stretch of road leading up to the site of the accident had been caused to become allegedly dangerous.
Cork County Council denied all claims and denied the camber of the road was allegedly dangerous or in an alleged defective state.
It contended the road surface was in a very good condition and the road was designed and constructed in accordance with best practice at the time. It further claimed that the bend was visible for 210 metres.
Counsel for Ms Redmond, Hugh Mohan SC told the court liability was significantly at issue in the case. He said the horrific accident was the beginning of all the trouble for the Redmond O’Callaghan family. Olivia Redmond O’Callaghan who is now aged 40 years, he said remains in a non-communicative state.
Counsel said in the October 4, 2011 accident, Mr O’Callaghan’s car which was travelling south in the direction of Glanmire and was going down a hill on its approach to a sharp left-hand bend appeared to veer over onto the opposite carriage and collided with a tractor and trailer.
Counsel said Ms Redmond is in effect a mother now to her grandchildren.
Approving the settlement and the division of a further €25,000 statutory mental distress payment, Mr. Justice Coffey said the settlement was fair and reasonable.
He noted there was a litigation risk in the case. Turning to Ms Redmond, he said he wished to salute her for all she has done for her grandchildren and the judge said he was delighted that the matter had been resolved.
In a statement at the time of the settlement of Olivia's action the family said they were and continue to be most grateful to all those who helped Olivia and her late husband Myles at the scene of the crash that afternoon of October 4th 2011, and afterwards.
“We also acknowledge the shock that the tractor driver experienced that day and that he did all he could to try and take evasive action,” they said.
