Tuesday 4 August 2015

€700k for family of man who died after dumper truck overturned

Published 31/07/2014 | 17:53

Anne Miley, of Dunlavin, Co. Wicklow, leaving the Four Courts yesterday(Thurs) after a High Court action for damages. Pic: Collins Courts
Anne Miley, of Dunlavin, Co. Wicklow, leaving the Four Courts yesterday(Thurs) after a High Court action for damages. Pic: Collins Courts

THE family of a 31-year old man who died when a loaded dumper truck he was driving overturned have settled their High Court action for €700,000 in damages.

Seamus Miley's wife Anne also settled for €100,000 her separate action for nervous shock arising out of the accident at Ardenode Stud Farm, Ballymore Eustace, Co Kildare  seven years ago.

Mr Miley, a father of three, from Cryhelp, Dunlavin, Co Wickow, died when the loaded six tonne dumper truck he was driving on the site at Ardenode Stud Farm overturned as he went down a steep hill.

The court was told he had driven the dumper truck without thinking and he was not certified to drive it.

Senior Counsel Geraldine Connolly said the roll bar in the dumper truck was defective.

His wife Anne Miley sued the dead man's employers Joe Miley and Partners (Dublin) Ltd  with offices at Toughers Industrial Estate, Newhall, Naas, Co Kildare over the wrongful death in the accident on May 24, 2007.

The settlement was also against a number of other companies connected with the design and supply of the dumper.  They were Ballymore Residential Ltd with offices at Old Lucan Road, Palmerstown , Dublin; Ardenode Stud, Ballymore Eustace, Co Kildare; Newbridge Sales and Hire Ltd , Newbridge, Co Kidare; Haven Celbridge Hire Ltd , Main Street, Celbridge; Haven Engineering Ltd, Naas, Co Kildare; Joe Murtagh trading as Joe Murtagh  and Associates, Maynooth Road, Celbridge and Dermot Redmond Engineering Ltd, Bunclody, Co Wexford.

It was claimed the dumper truck was defective and there was an alleged failure to warn Mr Miley of the dangers of working with it.  There was also an alleged failure to fit roll over protective structures adequately or at all to the dumper truck.

The claims were denied.

The court heard liability was at issue and it was contended by the defendants that Mr Miley was the author of his own misfortune.

It was also claimed by the defendants that Mr Miley was driving at excess speed.

Approving the settlement, Ms Justice Mary Irvine said said  she was sorry Mrs Miley had to come to court under such tragic circumstances.

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