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Graham Hughes/RollingNews.ie

Widow and children of victim in Donegal road crash reach €1m settlement with driver

Margaret McLaughlin’s 38-year-old husband John was the victim of a crash in Co Donegal in 2017.

THE FAMILY OF a Donegal man killed by a drunk driver has reached a settlement of €1m in their claims for damages against the motorist who caused the fatal collision.

The High Court has approved the award in a legal action taken by Margaret McLaughlin whose husband, John (38) was the victim of a crash which occurred at Strandhead, Malin, Co Donegal on February 20, 2017.

The approval of the court was required as some of McLaughlin’s statutory dependants – his children – are minors.

Margaret McLaughlin of The Links, Greencastle, Co Donegal sued the driver Aaron McColgan (29), who left the scene of the fatal crash, on behalf of herself and her three children.

McColgan, a father of three of Culkeeny, Malin, Co Donegal was convicted of dangerous driving causing the death of John McLaughlin at Letterkenny Circuit Criminal Court last November and sentenced to three and a half years in prison as well as being banned from driving for 15 years.

Approving the settlement, Mr Justice Garrett Simons said John McLaughlin’s parents and his siblings, as statutory dependents under the legislation, had to their credit waived their entitlement to share in any damages recovered in the proceedings.

Mr Justice Simons said the €1m settlement was intended to compensate McLaughlin’s widow and her three children for the mental distress suffered as a result of his death and for the loss of future dependency.

The judge said there had been a significant divergence between actuarial reports used to calculate the award based on the likely future earnings of John McLaughlin if he had survived as one was based on an annual salary of €40,800 and another on €75,000.

He noted the deceased had worked as an accountant with E & I Engineering group and had taken on a new role for a trial period at the time of his death which would have led to a substantial salary increase if the trial had been successful.

However, Mr Justice Simons said the settlement figure of €1m seemed reasonable in the circumstances as it was unlikely a higher sum would be awarded if the case had gone to trial.

He noted there was also a risk a lower amount could be awarded.

Mr Justice Simons apportioned the award with €669,593 being awarded to Margaret McLaughlin and sums of €80,861, €90,867, and €99,431 to the couple’s three children.

The judge explained the higher sum for the victim’s widow reflected the fact that her loss of dependency was for life where it is assumed the children would become financially independent when they reach the age of 23 years.

He praised Margaret McLaughlin’s “selfless and generous” decision to state her preference that money which she could have claimed for caring for her children while they are minors was paid into court for their individual benefit to be paid to them on reaching 18.

Mr Justice Simons said McLaughlin would in essence be running the household from her own share of the overall settlement.

“This will give the children a significant advantage as they embark upon adulthood and will allow them, for example, to pursue third level education,” he added.

Mr Justice Simons said the distribution of the solatium – a statutory sum allowed as compensation for the mental distress caused by the wrongful death of another which had a maximum award of €35,000 – had to be limited to McLaughlin and her two older children as the couple’s youngest child had only been born after his father’s death.  

Legal costs were also awarded to the claimant.

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14 Comments
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    Mute John K
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    Oct 1st 2024, 11:28 AM

    “Unable to cope with the burden of our success” strange reason to close a business. I wonder if there is more to the story.

    124
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    Mute Paul O'Mahoney
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    Oct 1st 2024, 11:32 AM

    @John K: It’s a strange comment, they have been in business through a lot worse times.

    I’ll always remember their potato pie and it’s size especially in the 80s

    63
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    Mute honey badger
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    Oct 1st 2024, 11:45 AM

    @John K: Maybe they’re getting out while on top. I’m sure they’ve made a few quid. No harm wanting to enjoy the well-earned spoils.

    79
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    Mute eoin fitzpatrick
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    Oct 1st 2024, 11:50 AM

    @John K: staffing issues usually means bottom of the barrel wages and horrible hours. If they shared profits more with the ground staff I doubt they’d have staffing issues.

    48
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    Mute Paul O'Mahoney
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    Oct 1st 2024, 11:53 AM

    Why not sell it as a going concern then? It makes very little sense.

    37
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    Mute Stanley Marsh
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    Oct 1st 2024, 12:04 PM

    @John K: According to the interview Brian gave on the radio this morning they were always flat out but due to rising costs they couldn’t make the business work.

    That and the fact that not being able to get the proper full time staff was putting too much pressure on them.

    21
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    Mute John K
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    Oct 1st 2024, 12:17 PM

    @honey badger: getting out on top? That’s a reason to retire from boxing, not business.

    26
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    Mute Louis Jacob
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    Oct 1st 2024, 12:25 PM

    @John K: If you were in the hospitality business, you’d know what he was talking about. It wears you down.

    45
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    Mute Anthony Curran
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    Oct 1st 2024, 12:28 PM

    @John K: Haven’t heard an excuse like that since Pat Mustard said he’s just too gorgeous!

    38
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    Mute Jonathan Kennedy
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    Oct 1st 2024, 1:00 PM

    @John K: they probably want to sell it on and the truth might hurt the sell price. Cafes are all busy, but busy paying the running costs to energy companies, revenue and unsustainable labour rates. It is what it is don’t backlash at me.

    17
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    Mute Jonathan Kennedy
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    Oct 1st 2024, 1:01 PM

    @eoin fitzpatrick: do you think! I bet if you saw their books you would have a cringe and a rethink.

    4
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    Mute Mr “JonnieBoy” Johnson
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    Oct 1st 2024, 1:10 PM

    @Paul O’Mahoney: why not sell as a going concern? Something up here.

    7
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    Mute Niall English
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    Oct 1st 2024, 1:35 PM

    @Mr “JonnieBoy” Johnson: like most businesses, closing their doors before the revenue come looking for the warehoused tax.

    8
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    Mute Mr “JonnieBoy” Johnson
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    Oct 1st 2024, 1:36 PM

    @Niall English: ah ha, I see said the blind man.

    4
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    Mute Kevin Kerr
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    Oct 1st 2024, 3:15 PM

    @Niall English: closing the business does not absolve them from their tax liabilities, including any warehoused tax that they might owe. Indeed, all it means is that they need to pay the tax now rather than some date in the future

    4
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    Mute Geraldine O'Riordan
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    Oct 1st 2024, 11:38 AM

    30 staff out of work with 6 days’ notice.
    Very strange situation.
    Can they get redundancy, holiday pay, etc.

    79
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    Mute Seamus Enright
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    Oct 1st 2024, 1:02 PM

    It’s ironic that Martin, who grew up fairly close by is mourning it’s demise when he’s part of the government that is strangling small businesses with red tape.

    Corporate Chains are far more able to deal with the onerous bureaucracy that our government forces restaurant owners to deal with.

    76
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    Mute lastfewchocices
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    Oct 1st 2024, 1:22 PM

    @Seamus Enright: it’s not the government. It’s the eu. Box ticking exercises for Brussels. Even a general election with a change of government won’t make a difference.

    13
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    Mute thomas molloy
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    Oct 1st 2024, 12:32 PM

    Run off your feet collecting various taxes and pie in the sky level commercial rates levied by pen pushers cheered on by leftist media and populist politicians. We are a communist state in all but name.

    79
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    Mute Paul O'Mahoney
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    Oct 1st 2024, 11:59 AM

    People of Cork will know this but I’ll inform the rest of the country. Each branch has a picture of Padre Pio and the reason for that was, I believe, Jackie was diagnosed with cancer and the prognosis wasn’t very good so they went and visited Padre Pio and he prayed over him and his cancer disappeared.

    70
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    Mute Louis Jacob
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    Oct 1st 2024, 12:21 PM

    First Sir Henry’s, now Lennox’s… Cork “rooooned”

    40
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    Mute Sean O'Dhubhghaill
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    Oct 1st 2024, 12:29 PM

    @Louis Jacob: As long as The Mutton Lane stays open…….
    (though the tourists can be a pain in the a*se)

    12
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    Mute Louis Jacob
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    Oct 1st 2024, 12:30 PM

    @Sean O’Dhubhghaill: Yes, I forgot about that. And Sin E.

    13
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    Mute Liam Kelleher
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    Oct 1st 2024, 2:16 PM

    If you know anything about Lennox’s, you would know it was run by a great family who treated customers and staff above and beyond, for generations, literally. It will be missed.
    They dearly wanted to reach 75 years.
    Brian mentioned two factors on the radio.
    1..Staff hard to acquire (used to have more)
    2..Red tape paperwork ..its so hard running a small business in an anti business country (take a bow Me-Hole) with the costs and time involved.
    The feeling from the radio was it simply was not worth going on. Not a decision taken lightly..
    This was an innovative (they added a laundrette to Bandon Rd), successful and well run business.
    They had taken lease back earlier this year and must have came to the sad realisation it wasn’t worth it.
    This sector is down 25% in one year.
    I found Martins comment offensive.

    31
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    Mute The Hard Road
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    Oct 1st 2024, 11:27 AM

    Very sad to see these long running charities shutting up shop.
    Who will feed the good people of Cork now I wonder?

    18
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    Mute Paul O'Mahoney
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    Oct 1st 2024, 11:33 AM

    @The Hard Road: It’s not a charity it’s a business.

    47
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    Mute 1975johnnie
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    Oct 1st 2024, 12:07 PM

    @Paul O’Mahoney: the sarcasm went over your head

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    Mute Paul O'Mahoney
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    Oct 1st 2024, 12:27 PM

    @1975johnnie: What sarcasm are you referring to.

    12
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    Mute Jonathan Kennedy
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    Oct 1st 2024, 8:40 PM

    @The Hard Road: no laughing emojis allowed….but if they were you got one from me.

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    Mute HisMastersAlibi
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    Oct 1st 2024, 1:33 PM

    That’s sad to hear, loved a much from there, 1st time was intimidating with calling in the order from way back in the queue.

    13
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    Mute Phillip Smyth
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    Oct 1st 2024, 12:22 PM

    Burdocks Christchurch would be hard to beat Ray and chips soaked in lard.

    7
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    Mute Meh Meh
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    Oct 1st 2024, 12:34 PM

    @Phillip Smyth: Ray is absolutely disgusting, it’s like a battered umbrella. How anyone likes it is beyond me.

    19
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    Mute Phillip Smyth
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    Oct 1st 2024, 12:41 PM

    @Meh Meh: it’s a Dublin acquired taste don’t have a wing as you call umbrella, you can have the centre of blonde Ray female of the species obviously, known as long Ray and a single delicious.

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    Mute Meh Meh
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    Oct 1st 2024, 12:47 PM

    @Phillip Smyth: Dub here too. Ah, I think I only ever tried the wing. Pure manky if not expecting it to be so full of bones. It was like, munch, argh, boke. Bin.

    5
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    Mute Phillip Smyth
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    Oct 1st 2024, 3:21 PM

    @Meh Meh: the bones are flat so no need to bother with the bones, just scrape the fish off the bone each side it really is a dub thing, most people feel its like a ray couldn’t eat that.

    2
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    Mute Meh Meh
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    Oct 1st 2024, 6:06 PM

    @Phillip Smyth: You can also scrape the fleshy bits off a rats carcass, but I’d much prefer a fishfinger meself.

    2
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    Mute John Flanagan
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    Oct 1st 2024, 4:31 PM

    My god this new one on me. Cork has a chipper closing. Among many around the country. But mehole is very sad because it’s in Cork. Ahhh mehole has nothing else to upset him only a chipper in his city of cork. No other city chipper like cork. Tell u what’s his worries are. Cod and chips. What a cod he is

    8
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    Mute Louis Jacob
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    Oct 1st 2024, 5:53 PM

    @John Flanagan: A family business of 70 years providing employment for 1000s over the years. What do you want?

    16
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