Food truck driver on trial for careless driving, causing death of elderly woman

By Isabel Hayes

A food truck driver has gone on trial, accused of careless driving, which caused the death of an elderly woman as she walked to work four years ago.

Justinas Marinskas (41), of Castleview Lawns, Swords, Co Dublin pleaded not guilty at Dublin Circuit Criminal Court to one count of careless driving causing the death of Eileen Dalton at Convent Lane, Dun Laoghaire on February 18, 2022.

In his opening address to the jury, Justin McQuade BL, prosecuting, said the trial would hear evidence that Ms Dalton, aged 78, died after the rear wheel of the refrigerated truck drove over her.

Mr McQuade said Ms Dalton was walking on the footpath on her way to work in Monkstown at the time of the incident, around 10am that morning. Mr Marinskas, a Lynas Foodservice truck driver, was making a delivery in Dun Laoghaire.

It was a rigid truck, rather than an articulated lorry, the jury was told.

“The truck was making a left turn from George’s Street Lower onto Convent Lane in order to make a delivery,” Mr McQuade said. “At the same time, Ms Dalton, a pedestrian, was also walking towards the junction.”

Ms Dalton was walking in the same direction that the truck was travelling, the court heard.

There were more people in the area than usual at the time as there was a fire drill taking place at the nearby Bloomfields Shopping Centre. As a result, workers and members of the public were in the general area.

“As the truck driven by the accused made the turn, a collision occurred between the truck and Ms Dalton,” Mr McQuade said. “It is the prosecution case that in turning left in the manner in which he did, that he was guilty of careless driving.”

Prosecution counsel told the jury that the charge of careless driving arises where an accused person drives in a manner which falls below the standard of care and attention expected of a reasonably competent driver, creating a risk of harm the driver could have recognised and avoided.

“It is objective and contextual,” Mr McQuade said.

The court heard that after the incident, emergency responders arrived quickly and a doctor at the scene also attended to Ms Dalton, but she was pronounced dead at 10.07am.

The jury was told it will hear evidence from eye witnesses at the scene, from gardaí, paramedics and the doctor who responded. There will be CCTV footage played in court, although the collision itself was not captured on camera.

Mr McQuade said a forensic collision expert who investigated the incident will also give evidence of their conclusions.

The court heard Mr Marinskas gave an account to gardai “within a very short space of time”. He tested negative for drugs and alcohol at the scene.

Kevin Roche BL, defending, told the jury that Mr Marinskas accepts Ms Dalton died as a result of a collision between her and his vehicle.

The trial, which is set down for about three days, continues before Judge Martin Nolan and a jury of six men and six women.