A Gweedore based G.P. has been cleared of negligence in a case of indemnity brought by the driver of a car that crashed resulting in the death of his wife and in the serious injury of a young girl.
81 year old William Barr of Middletown, Gweedore, had claimed his G.P., Dr. Anthony Delap had been negligent in certifying him fit to drive two years before he was involved in the fatal crash.
His car had crashed into an oncoming vehicle outside Dunlewey on May 27th, 2008, and his wife, Maggie (83) had been killed in the crash. A backseat passenger in the second car, four year old Noirin McGarvey had suffered serious spinal injuries and is now confined to a wheelchair.
Now aged seven, Noirin, through her father Ronan McGarvey of Lower Dore, Bunbeg, had brought proceedings against Mr. Barr and earlier this year the High Court approved a settlement of 4 million euro in favour of the girl.
Mr. Barr denied liability for the accident and claimed an indemnity against Dr. Delap on the grounds that he had suffered a medical ailment immediately prior to the collision that caused him to lose control of his car. But in the High Court last week, Mr. Justice Iarfhlaith O’Neill ruled that there had been no basis for Dr. Delap to decline to certify him fit to drive.
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