A man involved in a high-speed car chase that resulted in the deaths of two men is suing the drivers of the cars involved and the Motor Insurance Bureau of Ireland.
Counsel for John Heaphy are endeavouring to have the drivers testify in the case, the High Court in Cork heard on Tuesday.
Mr Heaphy (30) of Crestfield Downs, Glanmire, Co Cork, was a front-seat passenger in a car being driven by James Simms (35) on May 14th, 2010, that was involved in a chase.
Simms and Philip Murphy (48) of Killala Gardens, Knocknaheeny, Cork, were sentenced in December 2010 at Cork Circuit Criminal Court for dangerous driving causing the deaths of CJ Dolan (16) and Derry O’Callaghan (19) on Harbour View Road in Cork. They were back-seat passengers in the car driven by Mr Simms.
Mr Heaphy is taking a compensation case at the High Court in Cork against Murphy, Simms and the Motor Insurance Bureau of Ireland.
On Tuesday, the case was adjourned to allow Mr Heaphy’s senior counsel the opportunity to get the drivers to testify in court.
Ms Justice Bronagh O’Hanlon also adjourned the hearing to give the legal teams time to submit written submissions on the case. The case was adjourned for mention on October 31st.
The court earlier heard that Mr Heaphy had suffered serious injuries in the crash, including seven fractures to his head. He incurred damage to one eye and has been left with Bell’s palsy.
The court was told Mr Heaphy’s friend Darren Lenihan was forced in to the boot of a Volkswagen Golf at 11.30pm on the night of the crash. The car was being driven by Murphy.
Mr Heaphy and others followed in a Ford Mondeo driven by Simms. The crash occurred between the two vehicles.
The case of the defence is that Mr Heaphy was negligent in travelling in a car that was bound to crash given the erratic nature of the driving.
Lorraine O’Sullivan SC, for the defence, also said the driver of the Mondeo was not insured and Mr Heaphy would have been aware of this fact.
Mr Heaphy testified he got into the Mondeo only because his friend had been taken away. “My friend was taken, we just wanted him to be safe. I wanted to save my friend, that is what I wanted. I didn’t want anything else to go wrong.”
Mr Heaphy is currently serving a prison sentence for assault.
Ms Justice O’Hanlon said the State would not be obliged to have him in court for the next hearing given that he had already given evidence in the case.