AN ACTION by the mother of the late Mr Daniel O'Driscoll, the Co Cork trawler skipper, against the owners of a Spanish-owned fishing vessel alleged to have collided with the Irish trawler last March, has been settled, the High Court was told yesterday.
Mrs Mary O'Driscoll, who lived with Mr O'Driscoll prior to his death, had claimed the collision and sinking of the Irish vessel occurred "by reason of the negligence and breach of duty of the owners of the Spanish-owned British-registered vessel, Sea Horse.
Yesterday, the High Court was told Mrs O'Driscoll had agreed to a £30,000 settlement in a fatal injuries claim by her against the owners of the Sea Horse.
The court was told Mr O'Driscoll was skipper and owner of the Exodus which collided with the Sea Horse 10 miles south of Dursey Island and 20 miles south-west of Castletownbere, Co Cork, on March 9th.
On March 11th the High Court granted Mrs O'Driscoll an order for the arrest of the Spanish vessel.
Yesterday, when the matter came before Mr Justice Barr, Mr Colm O hOisin, counsel for Mrs O'Driscoll, said the Spanish vessel had been released from Bantry Bay, Co Cork. Mr O hOisin said it was not known at the time of the arrest that the Spanish vessel was not insured.
Mr O hOisin told the judge that a fatal injuries claim by Mrs O'Driscoll had been settled at £30,000. Of the £20,000 for mental distress, £12,500 would be allocated to Mrs O'Driscoll and £7,500 to Mr O'Driscoll's sister, Rosemary. The balance of £10,000 would be paid to Mrs O'Driscoll to cover funeral and other expenses.
The judge was also told by Mr hOisin that an action taken by Mr O'Driscoll's sister against the owners of the Spanish vessel in relation to the loss of the Irish trawler had also been settled. While the sum was not disclosed in court, Mr O hOisin described the amount agreed as substantial.
Mr O hOisin told the court that claims by two crew members - Mr Patrick O'Driscoll of Goleen, Co Cork, and Mr Redmond Kelly, Castletownbere, Co Cork, had also been settled.
Mr Justice Barr made an order striking out all four sets of proceedings.