The Supreme Court has rejected an attempt by the Motor Insurers Bureau of Ireland to have itself removed from proceedings arising from the death of 19-year-old Kieran O’Flynn near his home in Mallow, Co Cork.
Kieran O’Flynn died on August 7, 1999 after being struck on a public road during darkness. His parents, sister and the family company brought proceedings against two identified drivers, the owner of one vehicle and MIBI.
The case was complicated by competing possibilities as to how the death occurred. One identified driver was uninsured. A defence also raised the possibility that an unidentified and untraced motorist may have struck Kieran before either identified vehicle.
MIBI argued that the 1988 agreement governing its liability did not permit both types of claim to be litigated together. Under that agreement, MIBI may be joined with an identified uninsured driver, but is normally sued alone where the responsible driver is unidentified or untraced.
Mr Justice Kearns held that this did not require the family to start separate proceedings. He said the High Court could instead separate, or disjoin, the relevant issues before or at trial so that MIBI’s different responsibilities could be dealt with distinctly.
The Supreme Court also held that MIBI’s delay independently justified refusal of its application. The family had notified MIBI in December 2000 that an untraced driver might have been involved. Yet MIBI did not raise its procedural objection until December 2004.
The court noted that MIBI had meanwhile participated in the case and had required another defendant to be joined. It also declined to promise that it would not rely on the Statute of Limitations if the family had to issue fresh proceedings.
The ruling does not determine who caused Kieran O’Flynn’s death or whether MIBI will ultimately be liable to compensate the plaintiffs. It allows the existing proceedings to continue, with the issues capable of being separated if necessary.