‘Tree with hidden fault killed mother’
Woman ran into path of falling branch, court told
A WOMAN was killed instantly when she was struck by a falling branch from a tree during a storm, the High Court was told yesterday.
Lynda Collins – the daughter of former Fine Gael TD and government chief whip Fergus O’Brien – was walking in Ballsbridge, Dublin 4, when the accident happened.
An inquest at the time heard how Mrs Collins had frozen for a second when she heard the tree snap and then she ran – but in the path of the tree.
Yesterday her widower Richard Collins settled a High Court case against the Dublin International School in whose grounds the tree stood. It was also taken against the owners of the premises.
The judge, Mr Justice Kevin Cross, said he had been among the first at the scene as he had been living nearby and heard the crash of the branch.
Oonah McCrann SC, for Mr Collins, told the court the case arose out of tragic circumstances on February 3, 2011, when there were very strong winds.
She said: ‘The deceased was walking along Waterloo Road, and a branch of the tree fell on her, killing her instantly.
‘Obviously it was enormously tragic for the plaintiff and their three children.’
It had been claimed the defendants had failed to ensure the trees were safe and free from defects, and had failed to carry out adequate inspections or pruning of the trees. Ms McCrann told the court two arborists had inspected the tree at the time the branch fell and found no obvious fault.
The court heard the tree had a hidden internal defect which made it more vulnerable to collapse, but this would not have been visible from the outside.
The defendants made an offer of €400,000 to settle the case. It was approved by the court.
Ms McCrann said: ‘We would have run the case on the basis that there was a wind sail effect based on the proximity of the tree to others, and on this particularly stormy day the branch was caused to fall.’
Mr Collins, from Booterstown, Co. Dublin, asked for any compensation to go to his children.
His action was against the school and the owners of the premises, Emmet Memery and Leo Mohan. Court papers stated the premises was then in receivership. Receiver Tom Kavanagh was listed as a defendant too.
Approving the settlement offer, Mr Justice Cross said: ‘At the time of the tragic incident, I was living about four doors away, and in fact on that evening I heard the noise of the tree. When I emerged from the house about a minute and a half later, people were on the scene already. I did not see the incident itself.’
He said the tree had not previously caused him any concern.
Judge Cross said: ‘I believe this is a very good settlement from what I know of the case. I appreciate the plaintiff wants to do everything possible for his family, but the fact of the matter is that one can only succeed where one can establish liability, or fault.
‘And it seems the overwhelming balance of the evidence is against the defendants having fault.
‘It’s just a dreadful tragedy, an accident.’
‘Just a dreadful tragedy’