“Ground breaking” case involving Leitrim publicans

A “ground breaking case” involving two publicans from Tullaghan, County Leitrim is continuing in the High Court this morning.

According to reports in today’s Irish Times, an indemnity is being sought against the two on the grounds they acted negligently in allegedly serving alcohol to a man and not preventing him from driving a car.

The case relates to proceedings brought by the estate of the late Mr John Connolly against two Leitrim based publicans, Seamus and Concepta Kelly of The Diamond Bar in Tullaghan.

Mr Connolly died after his car collided with another vehicle on the main Sligo to Bundoran road on March 31st 2005.

The passenger in the other car, Anne Mc Sorley was also killed in the incident and her mother Mary Flanagan who was driving was injured.

Ms Flanagan successfully sued the estate of Mr Connolly alleging the collision was caused by the negligence and breach of duty of care of the deceased.

Now proceedings have been brought against the two publicans as it is claimed they acted negligently and in breach of duty of care in serving alcohol to Mr Connolly prior to the collision, when they knew or ought to have known he would drive on a public road way.

It’s further claimed the publicans did not take any or adequate steps to prevent him driving his car when they knew he was intoxicated.

The High Court heard yesterday the defendants served Mr Connolly between five and six pints of Guinness between 11.30 and 3.30 at their pub on the day of the collision.

He then left the pub and drove.

Mr Connolly was killed when the car he was driving collided with Ms Flanagan’s vehicle at Bunduff bridge.

Tests concluded Mr Connolly was two and a half to three times over the legal limit.

The case which Justice Kevin Feeney described as “ground breaking” continues today.