Malicious injury claims following town bombing
PUBLICAN FAMILY LOST THEIR HOME AS WELL AS THEIR BUSINESS IN EXPLOSION
June 1976
A second spate of injury claims taken under the Malicious Injury Act arising from the bomb explosion outside Kay’s Tavern in Crowe Street in Dundalk in December, 1975 came before Dundalk Circuit Court in June, 1976.
The first series of claims were dealt with at the March sitting of the court, and the court heard that even at that a number of claims, and large ones at that, were still to be brought to court.
Many of the claims dealt with at the July sitting were adjourned, but those adjudicated upon damages amounting to £210,000 were awarded by Judge T.F. Roe, bringing to £500,000 the total awarded to date.
The claims awarded were for damages to houses and businesses and the loss of personal effects, but not of the awards made by the court included claims for personal injuries, as the Malicious Injury code only covered damage to property.
Claims for personal injury arising from such politically orientated incidents as bomb explosions were covered by a special provision made by the Government after the Dublin bombings.
The Government also assumed responsibility for the cost of damage to property but these claims had to be processed in the normal way through the Circuit Court.
The two largest awards made by the Court in June, 1976 were to the owners of the bar which was the target of the bombing, Kay McErlean and her family whowere awarded £83, 213, while the award to Dundealgan Press (Messrs Tempest Ltd.) whose premises were located next door to Kay’s Tavern was £67,133.
An award of £41,750 was made to Dundalk Urban Council for damage to the Town Hall.
The barrister representing the McErlean family said that their case was the most harrowing of all the claims for not only was the family driven out of business but out of their home as they lived above the bar and both the bar and living area were destroyed in the explosion.
Their claim was for £56,743 for damage to the premises which had been substantially reconstructed in 1972, in addition of stock of £5,481, bar and lounge furniture £8,703 and for furniture and fittings to the living apartments upstairs £5,740.
Awards were also made to Mrs. McErlean and her four children for personal effects lost in the bombing.