A man who decided to walk over 35kms home in the early hours of the morning in "horrendously foggy conditions" died when he was struck by a car, the High Court has heard.
David Hughes (31), from Co Longford, was hit by one car on the N4 Mullingar to Longford road, and may have been hit by a second car when it is believed he was already dead, Mr Justice Paul Coffey heard.
On Wednesday, Mr Hughes' family settled a number of High Court actions over his death for €50,000.
The family’s counsel, John Paul Shortt SC with Esther Earley BL, told the court it was "a horrendously foggy night", and before 1am on the N4 when the incident occurred.
Mr Shortt said Mr Hughes had been trying to make his own way to Longford.
Counsel said the Garda report concluded the driver of the car was not at fault because of the prevailing conditions. Mr Hughes also had not been wearing light coloured clothing and was walking on the road, the court heard.
Mr Shortt said liability was a major issue in the case, describing it as a tragic case with tragic consequences for Mr Hughes and his family.
Counsel also told the court that toxicology reports showed alcohol and traces of drugs in Mr Hughes' system.
He said Mr Hughes was in a place he ought not to have been, explaining he had been in Dublin and got a bus to Mullingar, and from there decided to make his own way home to Longford.
Mr Hughes' parents, Patricia and Denis Hughes, and his 11-year-old daughter Lily, all of Teffia Park, Dublin Road, Longford, had sued the driver of the first car, Ruben Mateos, of Killashee, Co Longford, and the second driver, Gina Forte, of Navan, Co Meath, over the incident at Cullion Mor, Mullingar, Co Westmeath on February 28th, 2019.
It was claimed there was an alleged failure to slow down and notice Mr Hughes on the road, and an alleged failure to slow down and drive with care having regard to the foggy conditions at the time.
The claims were denied, and it was contended that Mr Hughes had stood in the middle of two westbound lanes of traffic on a stretch of road not designed for pedestrian use, with no lighting and at a time when visibility was unusually low due to very heavy fog and while wearing unsuitable clothing.
Noting the settlement and the litigation risk, Mr Justice Paul Coffey said it was a heartbreaking case for the Hughes family, and he extended his deepest sympathy to them all.
