Buncrana Pier tragedy woman settles her case against husband’s estate
Judge praises mum who lost 5 family members in accident
a WOMAN who lost five members of her family when their car slipped into the sea at Buncrana Pier yesterday settled High Court actions over the tragic event.
Louise James – whose husband, sons, mother and sister drowned in the tragedy – was described in the High Court as an extraordinary woman.
She had sued the estate of Sean Mcgrotty, 49, and Donegal County Council over the accident in which his car slipped into the sea at Lough Swilly on March 20, 2016.
Mr Mcgrotty died along with his sons Mark, 12, and eight-year-old Evan, his mother-in-law Ruth Daniels, 59, and her daughter Jodie Lee Daniels, 14, when his Audi SUV 4X4 vehicle slid on algae.
The couple’s baby, Rioghnach-ann, was the sole survivor of the tragedy when she was rescued from the sinking car after her father handed her out through a window.
The High Court heard Ms James, from St Eithne’s Park in Derry, has settled a separate nervous shock mental distress action for damages over the accident.
Her counsel Sara Moorehead SC, instructed by Robert Anderson of Anderson & Gallagher Solicitors, told the High Court Ms James had settled her own action on confidential terms after mediation.
The other actions, taken on behalf of Mark and Evan, her Ruth and Jodie Lee were also settled.
These cases were before the court for the ruling of the statutory solatium mental distress payment of €35,000 in each case. All five settlements are without an admission of liability.
In all cases, it was claimed Mr Mcgrotty, who was the driver, allegedly
failed to notice the pier was slippery and/ or dangerous and unsuitable for driving on due to algae or a similar slippery substance and because it was sloped.
It was also claimed there was an alleged failure to anticipate the risk of the accident occurring in circumstances where the surface of the pier was slippery and dangerous due to algae.
It was claimed Mr Mcgrotty drove on to the pier when he ought to have known it was dangerous and likely to cause risk of injury to his passengers. The claims were denied. Against Donegal County Council, it was claimed it allegedly allowed motorists to drive on the pier in circumstances where it ought to have known it was unsafe in light of the condition of the pier.
It was also claimed there was an alleged failure to have any adequate warning signs or barriers about the pier so as to prevent persons driving on to it.
Counsel told the court Ms James was an extraordinary woman who since the death of her family members had retrained as a Special Needs Assistant and will begin work in her daughter Rioghnach’s school in September.
They added it has been very difficult for Rioghnach, the sole survivor of the accident is now five years of age.
Mr Justice Paul Coffey ruled the two solatium [compensation] payments of €35,000 each in relation to Mark and Evan be paid to their sister Rioghnach and the solatium payments in relation to Ruth and Jodie Lee Daniels be paid to Ms James and her siblings.
The judge said the accident was “a poignantly sad and tragic event which impacted overwhelmingly on the family unit”. He conveyed his deepest sympathy to Ms James and her daughter, offering them every best wish for the future.