The High Court in Dublin yesterday approved a settlement of £90,000 plus costs following the death of a boy in a canoeing accident off Dunmore East five years ago.
Mr Michael and Mrs Valerie Davies, of Aldergrove, Mount Pleasant, Waterford, brought the action following the death of their son, Ross (14), in heavy seas off Dunmore East on February 18th, 1995. His body was recovered the following day.
A second person - Mr Keith Crowley (21), from Tramore - also died in the tragedy, while six other people were rescued.
The action was against Dunmore East Adventure Centre Ltd; FAS, the training and employment authority; and a canoe instructor, Mr Richard Hogan, who, it was claimed, was employed by the other two defendants.
Mr Justice Johnson approved a settlement of £90,000 plus costs in favour of the Davies.
He was told the decree was to be against the first two defendants only while the action against Mr Hogan, of Coxtown, Dunmore East, could be struck out with no order. An apology to the Davies was read in court on behalf of Mr Hogan.
A sum of £5,700 of the settlement figure - for mental distress - is to go to Ross's brother Tom (12) and sister Vickey (10). The remainder is to go to the parents.
It includes £5,700 for future treatment and medication for the parents while the balance is in respect of their claim for depression and post-traumatic stress disorder as well as nervous shock endured by them as a result of the accident.
Mr Thomas Slattery SC, for the Davies, said that on the night before the accident, Ross had stayed with a friend in Dunmore East.
He was due to phone his parents the following afternoon to make arrangements about returning home. But he was taken to sea on the canoeing expedition with six others. There were adults and children in the party. Ross was the youngest and had no experience.
Permission had not been sought from the parents to bring Ross on the expedition. Safety precautions were hopelessly inadequate and the conditions at sea deteriorated, counsel said.
The canoe overturned in the very bad weather conditions. Ross tried to hang on to the canoe but it got dark. Trojan efforts were made to save those in trouble.
In the apology read on behalf of Mr Hogan, it was stated that what had started out as a canoeing expedition turned into a tragedy. Mr and Mrs Davies had had to endure the agony of worrying about the safety and well-being of their son and then had to endure unbearable grief in learning of his death and thereafter.
Mr Hogan said he deeply regretted the events of that day and his part in them. He apologised for taking Ross on the canoeing expedition without first securing his parents' permission. Insofar as Ross's death may have been due to errors of judgment on his part, he extended a deeply felt apology to Mr and Mrs Davies.