Family of man who died when showing new car to mother-in-law settles action

High Court Reporters

The family of a man who was killed in a freak accident while showing his new car to his mother-in-law has settled a High Court action over his death.

Derek Monaghan died, the High Court heard, as he attempted to stop the car, which had been caused to take off after his mother-in-law sat in the driver's seat.

The family’s counsel, Hugh Mohan SC instructed by FH O’Reilly solicitors, told the court it was a very tragic case.

He said the family had gathered near his mother-in-law’s home, looking at the car, which had been bought the day before and Monaghan’s mother in law sat into the front seat.

Monaghan, a well-known volunteer and supporter of Bohemians Football Club in Dublin, Counsel said died after the car took off and he was dragged along as he effectively tried to stop it.

The car crashed into a tree and overturned, and Monaghan was thrown to the side of the tree.

Monaghan died as a result of the injuries he sustained in the accident, which occurred in a private car park adjacent to Grangegorman Villas, Dublin 7 on August 17th 2022.

His mother-in-law, Elizabeth Whelan, ended up upside down in the car and suffered fractures to her back .

Counsel said that Mr Monaghan’s widow, Elayne Monaghan of Finglas, Dublin, had to sue her mother, Elizabeth Whelan and the Motor Insurer’s Bureau of Ireland (MIBI) as a result of the accident, as Whelan was not insured.

The settlement, which is confidential is against the MIBI.

In the proceedings, Monaghan and her two daughters, Zara and Sienna, also claimed for nervous shock as they had witnessed the accident. All of the claims were denied.

At the inquest into Monaghan’s death, three years ago, Whelan in a statement said she had no interest in cars and had never driven a car in her life.

She said she had sat in the front seat “out of politeness,” when her son in law invited her to do so. She said she had only intended to sit in the car and get out again.

She told gardai she could not remember the crash and her next memory was being pulled out of the vehicle. She said she and her family were truly heartbroken.

A local resident, Cora Verner, who witnessed the incident, said Ms Whelan was joking with Mr Monaghan about learning to drive.

Verner said she heard Mr Monaghan telling his mother-in-law about putting in the clutch and moving into first gear.

She said the car revved up and took off with Mr Monaghan trying to get into the vehicle through the driver’s door which had remained open.

The Coroner’s Court also heard that Monaghan managed to get hold of the steering wheel to divert the car away from several parked vehicles, but appeared to lose his footing and got dragged along by the vehicle before it hit the tree.

Noting the settlement Judge Paul Coffey in the High Court conveyed his deepest sympathy to the Monaghan family on what he said was an unusual tragedy.