A #LIMERICK man who was jailed for dangerous driving causing the death of a teenager almost ten years, is suing the Motor Insurance Bureau of Ireland (MIBI) for damages at the High Court as he argues the accident would not have happened if he wasn’t “violently rammed” from behind by the uninsured driver of a high powered BMW who fled the scene.
Gearóid Cleary, of Ballinacurra Gardens, Limerick, was 25 when he was found guilty by a jury of dangerous driving causing the death of 19-year-old Emma Woodland on Mulgrave Street on September 9, 2006.
During the criminal trial, it was the State’s case that although Latvian national Roman Andreas pleaded guilty to dangerously driving the BMW and causing the death of Ms Woodland, this did not exonerate Gearoid Cleary, who, they claimed, was also driving too fast on the night of the fatal accident.
Shortly before midnight on September 9, 2006, Mr Cleary’s Honda Integra was propelled into a Toyota Starlet carrying Ms Woodland and driving it into a wall some 40ft after impact.
The Starlet was crossing the main road ahead of Mr Cleary who claimed that it would have crossed safely had he not been rear-ended by Roman Andreas.
Ms Woodland who was a back-seat passenger in the Starlet died from head injuries she received in the collision.
Roman Andreas fled the scene but was later identified and pleaded guilty to causing the death of Ms Woodland.
Criminal lawyers for Mr Cleary argued that he was not responsible for the teenager’s death and that Ms Woodland died as a result of Roman Andreas rear-ending Mr Cleary at speed.
The trial also heard that Roman Andreas was twice the legal alcohol limit and he was jailed for three years and later absconded to Eastern Europe.
Mr Cleary, who contested the criminal case before a jury found him guilty, was sentenced to four years in prison. Both men were banned from driving for ten years.
This Wednesday before Mr Justice Brian Cregan at the High Court in Limerick, Mr Cleary opened civil proceedings against the MIBI for what his counsel, Gerry Tynan SC, said were significant damages the Limerick man was entitled to.
Mr Cleary is claiming that he was not the cause of the accident and should be compensated for the back injuries he suffered in the accident and for the ongoing “depression, shock and upset he has suffered to this day because of the loss of the life he has been blamed for”.
Michael Gleeson SC, counsel for the MIBI, said the defence will argue that “racing” was a factor in the fatal collision but essentially the MIBI, has been left to “pick up the pieces” as Roman Andrew absconded.
The case is expected to last three days and will hear evidence from expert witnesses including Garda PSV forensic collision investigator, Mike Reddy, who attended the scene in 2006.
