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Family´s Claim for Fatal Dumper Truck Accident Resolved at Court Hearing

Posted: August 5th, 2014

The family of a man, who died when a six tonne dumper truck overturned on a stud farm in County Kildare, has resolved its compensation claim for a fatal dumper truck accident after a hearing at the High Court.

Seamus Miley – a father-of-three from Dunlavin in County Wicklow – was killed on May 24th 2007 when the loaded six-tonne dumper truck he was driving overturned as Seamus descended a steep hill at the Ardenode Stud Farm in Ballymore Eustace, County Kildare.

When an investigation into the accident discovered that Seamus was not licensed to drive the vehicle, and that the roll bar in the dumper truck was defective, Seamus´ widow – Anne – made a claim for fatal dumper truck accident compensation on behalf of the family and a claim for nervous shock compensation due to the emotional trauma that she had suffered.

Seamus´ employers and several other companies connected with the design and supply of the dumper truck were named in Anne´s action alleging that the dumper truck was defective, that there was a failure to fit a roll over protective structure and to warn Seamus of the dangers of driving the truck.

The allegations were denied by each of the defendants, who argued that Seamus had been the architect of his own misfortune due to the manner in which he had driven the truck at excessive speed. The case proceeded to court, where it was scheduled to be heard by Ms Justice Mary Irvine.

However, before the hearing got underway, Judge Irvine was informed that the family had agreed to a settlement of their claim for fatal dumper truck accident amounting to €700,000 and that Anne had also resolved her claim for nervous shock compensation for €100,000. The judge approved the settlements, commenting she was sorry that the family had to come to court in such tragic circumstances.

Categories: Industrial Worker Injury Solicitor

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