High Court action over the Buncrana Pier tragedy has been settled.
Louise James from Derry, sued the estate of her late husband Sean McGrotty who was the driver of the car that entered the water on March 20th 2016 and Donegal County Council.
Sean McGrotty died along with his sons Mark and Evan, his mother-in-law Ruth Daniels and her daughter Jodie Lee Daniels after the car they were in slid off a pier into the water in Buncrana.
Rioghnach-Ann, a baby at the time, was the sole survivor of the tragedy.
It’s believed Ms James has settled a separate nervous shock mental distress action over the accident.
The cases were before the court for the ruling of the statutory mental distress payment of €35,000 in each case.
All five settlements are without an admission of liability.
In all cases, it was claimed against the estate of Mr McGrotty that he 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 the pier was sloped.
It was also claimed there was failure to anticipate the risk of the accident occurring when the surface of the pier was slippery and dangerous due to algae.
It was claimed he 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 in general and Mr McGrotty to drive on the pier in circumstances where it ought to have known it was unsafe in light of the condition of the pier and in the circumstances where the pier was slippery.
It was also claimed there was an alleged failure to have any or any adequate warning signs or barriers to prevent persons driving on to the pier.
It was further claimed there was failure to anticipate the risk of the accident occurring in circumstances where the pier was sloped and caused a risk of Mr McGrotty’s car sliding. The claims were denied.
Mr Justice Paul Coffey ruled the two payments of €35,000 each in relation to Mark and Evan McGrotty be paid to their sister Rioghnach-Ann, and the payments in relation to Ruth and Jodie Lee Daniels be paid to Ms James and her siblings.
