A Dublin man who fell into the "depths of grief" after his wife was killed when their car was struck by a car driven by Philip Sheedy is seeking damages from the jailed architect, the High Court was told yesterday.
The case has been taken against Sheedy, of Newpark, Leixlip, Co Kildare, by Mr John Ryan, who was himself seriously injured in the accident. Sheedy's controversial release from prison earlier this year led to the resignation of two senior judges.
Mr Ryan (40), of Tymon Crescent, Old Bawn, Tallaght, has taken the personal injuries action arising out of his own injuries and the loss of his wife. He claims that he will never work again.
Mr Justice Kearns was told Sheedy had admitted liability and the case involved an assessment of damages only.
Mr Ryan claims Sheedy's car crashed into the Glenview roundabout on the Tallaght by-pass on March 15th, 1996, somersaulted over the roundabout and landed on the car being driven by Mrs Ryan. Mr Ryan was a passenger, and their two children, James (12) and George (9), were in the back of the car.
Sheedy was prosecuted and pleaded guilty to dangerous driving causing Mrs Ryan's death. On October 20th, 1997, Judge Joseph Mathews sentenced him to four years' imprisonment. He was also disqualified from driving for 12 months. Judge Mathews granted leave for a review of sentence on October 20th this year. Subsequently, on Sheedy's application, Judge Mathews vacated that part of the order fixing a review date.
Last February the DPP secured leave to seek an order quashing a decision of the former Circuit Court judge, Mr Cyril Kelly, sitting in the Circuit Criminal Court on November 12th last year, to suspend the balance of Sheedy's sentence.
The High Court was told by the DPP that no proper notice of that hearing had been given to him or to the Garda, and an inquiry was ordered. The DPP believed that, once the review date was removed, Sheedy should have served the four-year sentence, and no judge of equal rank to Judge Mathews could interfere.
Sheedy later surrendered himself to the prison authorities to serve the remainder of the sentence. Subsequently, Mr Justice Hugh O'Flaherty and Mr Justice Cyril Kelly [following promotion to the High Court] resigned over the matter.
Yesterday Mr Padraig McCar tan SC, for Mr Ryan, said that his client had gone with his two children and a neighbour's child to Tallaght swimming pool. Mrs Ryan collected them and was driving on the roundabout when Sheedy's car entered it at speed, mounted it, rose into the air and landed on the Ryan car before falling on to the road.
The Ryans were trapped in their car and were cut from it. Sheedy and his passenger were unhurt. Mr Ryan was rendered unconscious and suffered a broken jaw, broken arm and head injuries. His wife was dead on arrival at hospital.
On the day after the accident Mr Ryan had had to tell his children that their mother was dead and try to comfort them. He was then brought back to St James's Hospital, but discharged himself to attend his wife's funeral some days later.
Mr McCartan said that a social worker became concerned about Mr Ryan's wellbeing, particularly his mental state, and referred him to a counsellor, who had counselled him to date. The children had also received counselling.
Mr Ryan was not coherent at times, counsel said. He had taken to visiting his wife's grave with unusual frequency, sometimes at night.
Mr McCartan said that his client had grown up with his wife, an only daughter. They had met at 14 and she was the only girlfriend he ever had.
Mr Ryan had significant mental health difficulties. His physical disability affected his left hand. He had tried to go back to his old job as a meat-boner, but was unable to do so. He went from being a high earner to living on social welfare. He received a widower's pension and children's allowances totalling £102. The factory in which he had worked had given him an additional £72 weekly, which would have to be paid back. He had to pay £60 for home help and £35 towards counselling.
Mr Ryan was concerned to remain at home because of his children, who had had an adverse reaction to what had happened. He felt an obligation to rear them as best he could.
The hearing continues today.