Farm Ireland
Independent.ie

Sunday 30 April 2017

Twin brothers settle High Court claim against farmer after sister dies in tractor accident

Tim Healy

Paula Dinsberga
Paula Dinsberga

Two brothers, who were at a farm when their eight-year-old sister died after she was hit by a tractor bucket, have settled their High Court actions for €30,000 each.

Paula Dinsberga lost her life as she was playing with a friend while staying on the farm outside Charleville, Cork, as her parents attended a wedding in Latvia, the court heard.

The accident occurred on September 28, 2014, when Paula and her friend ran in front of the tractor. The driver braked and the bucket fell off, instantly killing Paula and injuring her friend.

The news of the tragedy had to be broken by Gardai to Paula's parents, Linda and Raivo Dinsberga, when they flew in from Latvia later than evening.

In the High Court Tuesday (March 7), Mr Justice Kevin Cross said what happened Paula was terrible and devastating for them all.

The judge approved the settlement of €30,000 each in the cases of Paula's twin brothers, Rainers Patriks, who were on the farm at the time and witnessed the emergency situation that followed.

The boys, who were nearly six years of age at the time, suffered an abnormal grief reaction and nervous shock.

Rainers and  Patriks, now aged eight, of The Orchard, Hansfield, Dooradoyle, Limerick, through their mother Linda Dinsberga, sued the tractor owner Liam Guiney of Rusheen, Newtownshandrum, Co Cork.

They also sued the tractor driver, Edgars Pliesmanis, of Owenmore Drive, Raheen, Co Limerick as a result of the accident.

Mr Pliesmanis' 11-year-old daughter was injured in the same incident.

It was claimed there was an alleged failure to ensure the children were corralled in a safe section of the farm and an alleged failure to warn them of the necessity of avoiding the tractor. 

It was further claimed there was an alleged failure to ensure the bucket of the tractor was properly attached before permitting it to be driven.

The claims were denied.

John Lucey SC, for the boys, said it was a very tragic case. 

Paula's parents had gone to Latvia for a wedding and had left the children with friends.

He said the twins had ongoing problems and issues around the death of their sister and ask about her.  

The family had originally moved to Ireland to access care for one of their sons who has special needs and they have a younger daughter Enya.


For Stories Like This and More
Download the FarmIreland App


Online Editors