Settlements have been reached in five of six actions brought by relatives of an American couple who died after their pony and trap plunged down a steep ravine at the Gap of Dunloe in Killarney, Co Kerry five years ago.
Just one case, relating to a claim for a six-figure sum over the death of one of the two, now remains before the High Court.
The settlement in the other five actions are against pony and trap driver Dan Casey of Beaufort, Killarney. Mr Casey, an experienced ponyman, had “desperately” tried to control his horse and jumped from the rear of the trap as it left the road, the couple’s inquest heard.
All proceedings against Kerry County Council were struck out. The details of the settlement are confidential. One of the settlements has to be formally approved by the High Court at the end of the month as the plaintiff is still a child.
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The family of Rosalyn Joy Few (64) and her partner Normand Larose (62) sued the council and Mr Casey as a result of the April 9th, 2018 incident.
Narrow mountain pass
Ms Few and Mr Larose, of Phoenix, Arizona, were on the second day of a holiday to Ireland. They were in a first pony and trap, with members of their family travelling behind in two others, when the incident happened on the narrow mountain pass towards Kate Kearney’s Cottage
The settlements were reached after Mr Justice Paul Coffey urged mediation talks between the sides after being told there were significant liability issues involved. All the claims made in each case were denied.
Ms Few’s family filed five of the actions. Her daughter, Tonya Tier of West Richmond, Washington, sued on behalf of her family over the death of her mother and also for nervous shock. Ms Tier’s husband Bill Walther and children, Gavin (now 14) and Kaitlyn (now 20), sued for nervous shock.
Four of those actions have been settled, with Gavin’s case expected to go before the High Court at the end of this month for formal approval.
Mr Larose’s brother, Yvan Larose, from Magog, Quebec, Canada, brought a separate action on behalf of the Larose family, who live in Canada, over the death of Mr Larose. That case has also been settled.
Disappointed
Announcing the settlement, counsel for the families, Liam Reidy SC, instructed by Adrian Hegarty solicitor, said Ms Few’s family was disappointed there was not an opportunity to mediate the last remaining action over Ms Few’s death. He asked that the hearing be set for November 9th.
It is understood that case involves significant claims in relation to loss of dependency, and ongoing care and support for a family member after the death of Ms Few.
Counsel for Mr Casey, John Lucey SC, said it was unfair to criticise the lack of mediation in that case.
Noting the settlement and setting the date for hearing of the remaining action, Mr Justice Coffey encouraged the parties to renew mediation efforts on this last case and said he expected that to happen before November.
In all of the actions it was claimed that the pony and trap was caused to lose control on a particularly treacherous stretch of roadway and tumble into a deep ravine. It was further claimed there was a failure to have any policies, procedures, protocols or other methods in place to ensure the safety of visitors to the Gap of Dunloe.
There was also an alleged failure to ensure that the traps in which passengers were travelling were fitted with adequate braking systems or other security measures such as would ensure the safety of passengers. It was further claimed there was a failure to erect any barriers, warning signs or other measures to ensure the safety of visitors approaching that section of the roadway. There was also an alleged failure to warn visitors or passengers of the danger of which allegedly existed.
All the claims were denied by the defendants.