The family of a young woman who died after her car veered on to the wrong side of the road and into the path of a cement truck, has alleged that her death arose from alleged negligence and failures to ensure the road was safe.
Ashling Gallagher was killed instantly in the collision at Murrivaugh, Mulranny, Co Mayo, on December 22nd, 2004.
Her mother Kathleen Gallagher, Askill, Bunnacurry, Achill Island, Co Mayo, has, on behalf of the family, sued Mayo County Council along with companies involved in works on the N59 Newport to Mulrany Road at that time.
The case is due to open in the High Court next Tuesday before Mr Justice Bernard Barton.
Ashling Gallagher was killed instantly when her Volkswagen Caddy van veered on to the wrong side of the road into the path of the truck.
After an inquest lasting eight days in 2011, a six-person jury returned a verdict that her death was accidental.
In the family’s High Court proceedings, it is claimed there was failure to adequately, or at all, resurface, renew or repair the road surface so as to prevent it from becoming a source of danger to members of the public and in particular Ms Gallagher.
It is further claimed that remedial work was carried out to the highway which was allegedly inadequate and incomplete.
It is further claimed there was an alleged failure to give motorists on the highway advance warning of the condition of the road surface.
The claims are denied. It is further denied the collision was caused by reasons of any negligence, breach of duty or misfeasance on the part of the defendants.
In its defence, the Council accepts that the death of Ms Gallagaher has caused her family great mental distress, shock and anguish, but it pleads that the collision was not the fault of the council and it bears no liability in law in regard to it.
The case was mentioned before the High Court on Friday when Mr Justice Bernard Barton was told it will take several weeks.
Aongus O’Brolchain SC, for the defendants, said it was a techincial case and there will be several expert witnesses on the contentious issue about the road.
The judge adjourned the case to Tuesday.