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The High Court has approved a 282,000-euro settlement for the family of a man who died with his friend after a tractor tire they were inflating exploded.
The Donegal men, Seamus Hegarty and Kevin Woods, died six years ago when a flat tractor tire they were fixing became over-inflated and its steel tire exploded and struck them, causing fatal head injuries.
At the time, both men, who grew up together, were involved in potato harvest work in Crossroads, Killygordan, and stopped at approximately 6pm to fix Mr. Woods’ tractor tire.
Mr. Hearty’s widow, Mary, of Cloughfin, Ballindrait, Lifford, filed proceedings on his behalf and on behalf of his four children, who were between the ages of seven and 18 when the accident occurred on November 21, 2014.
The case was defended by the late Mr. Woods’ insurer, FBD.
In Superior Court, attorney Miriam Reilly told Judge Garrett Simons that FBD had fully defended the case and that tax negligence was alleged on the part of Mr. Hegarty.
He said that a settlement negotiated last July of 282,500 euros represented just over 50% of the total value of the case.
He said Ms. Hegarty was very happy with the settlement offer and had committed to distributing the settlement fairly among her children, the attorney added.
Judge Simons said the offer was a very good one given the risk involved in the case if it went to a hearing.
There were significant issues related to causation and contributory negligence, including whether Mr. Hegarty should have waited for a pressure gauge to arrive, which was on its way from a local garage, he said.
He said he was only required to approve the settlement regarding the youngest child who is still a minor.
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