A claim for compensation made by a family for a fatal farm accident has been resolved before the case could be brought to court, and the settlements have been approved by a judge.
In May 2007, Seamus Miley of Dunlavin, County Wicklow, died when the dumper truck-six tonnes in weight-which he was operating on the Ardenode Stud Farm in Ballymore Eustace, County Kildare overturned as he was driving down a steep incline.
An investigation was launched into the incident, and it was discovered that the roll bar in the dumper truck was defective. Had it been working properly, Seamus’ life may have been saved. Seamus’ wife-Anne-claimed compensation for a fatal farm accident on her family’s behalf. She also lodged a separate claim for compensation for nervous shock against Seamus’ employer, and several other companies connected with the design and supply of the truck which he was operating.
All of the defendants accused of negligence denied the claim, and each stated that Seamus had been the cause of his own death as he had been driving the truck at excessive speed. As no agreement over liability could be reached, the case proceeded to court, where it was due to be heard by Ms Justice Mary Irvine.
Before court proceedings could get underway, Judge Irvine was informed that Anne and her family had agreed to a settlement of compensation that had been offered to them through out-of-court negotiations, which amounted to €700,000. The judge was also informed that Anne had also resolved her compensation claim for nervous shock, receiving €100,000 in compensation. The judge approved both of these settlements, and expressed sympathy that the family was forced to come to court despite the tragic circumstances.