€175k compo for families of tragic sewer gas brothers
Partner awarded €100k as widow gets €75,000
THE wife and partner of two brothers who died in a tragic sewer incident have secured settlements of €175,000 in their High Court actions.
Alan Harris, 45, and his 34-year-old brother Stephen were overcome by toxic gas in Drumnigh Wood estate in Portmarnock, Co Dublin, in June 2015.
Alan’s wife Tracey, from Hazelbury Park, Clonee, Dublin, sued Benchmark Property Consultants Ltd and Drumnigh Wood Management Company Ltd.
Stephen’s partner Yvonne Mcgrath took an action against those two defendants and Harris Drain Tech Ltd, a company owned by Stephen Harris.
Mr Justice Garrett Simons, who described the deaths as tragic, ruled a €75,000 settlement in Mrs Harris’ case and €100,000 settlement in Ms Mcgrath’s case.
The €75,000 will go to Mrs Harris and their two children, other relatives waived their entitlements.
It is comprised of €40,000 for nervous shock and personal injury, plus the €35,000 solatium, the statutory maximum payment under the Civil Liability Act.
The €100,000 in Ms Mcgrath’s case will go to her and the couple’s 11-year-old son, comprises €65,000 for nervous shock and personal injury and the €35,000 solatium.
Both women said in affidavits they had been advised there was a was a risk their cases would fail at trial because of a real risk in establishing negligence.
In her action, Mrs Harris said her husband had entered into the plumbing chamber to clean it but overcome by toxic gases and was unable to escape.
She was advised liability is very much in dispute in the proceedings, she added. She was advised, following analysis of reports including an inquest, a safety and health review and engineer’s report, her husband died from hydrogen sulphite inhalation in a foul sewer plumbing chamber and Stephen also perished.
In her action, Ms Mcgrath, of Woodhavens, Clondalkin, Dublin, said Stephen was, at the time of his death, an employee of Harris Drain Tech Ltd, a firm which is no longer in existence.