€40,000 award for family of 'Tit Bonhomme' victim approved

Tue, Nov 27, 2012, 00:00

The High Court has approved a settlement of €40,000 for the family of a young man who was among five men who drowned when a fishing boat sank in heavy seas earlier this year.

Kevin Patrick Kershaw (21) had just started working as a trainee fisherman on the Tit Bonhomme, when it sank on January 15th last near Adam’s Island at the entrance to Glandore Harbour, off Union Quay, Co Cork.

Mr Kershaw and four others died in the tragedy, while one crew member survived. Those who died were the owner and master of the vessel Michael Hayes (52) and crew members Wael Mohamed (35), Attaia Shaban (26) and Saied Ali Eldin (22).

Arising out of his son’s death, Patrick Kershaw, Harrington Street, Dublin, had sued the late Mr Hayes’s legal representative Kathleen Hayes, c/o Marine Response, Prestwick Park, Newcastle, England.

The settlement, made without admission of liability, was approved yesterday by Mr Justice Michael Peart.

Mr Kershaw claimed his son’s fatal injuries were caused by negligence and breach of duty by Mr Hayes and that the trawler was not properly maintained and was defective, dangerous and not seaworthy.