The family of a Kerry man who drowned while working on a bridge has settled a High Court action over his death for €1.1m.
TJ O’Herlihy from Castleisland and his colleague Bryan Whelan from County Clare drowned in the River Shannon in 2015.
The Irish Examiner reports that, Mr O’Herlihy’s partner, Therese Wigsten, and their children settled a High Court action over his death yesterday.
On August 29th, 2015, TJ O’Herlihy, who was aged 36, Bryan Whelan and Paul Murphy were carrying out remedial works on Thomond Bridge in Limerick city when the steel cage they were in plunged into the river.
Mr O’Herlihy and Mr Whelan drowned; Mr Murphy managed to free his harness and was rescued.
The stonemasons had been harnessed into the cage and were wearing lifejackets while they carried out specialised repair works.
The family's counsel, Maura McNally SC instructed by Andrew O’Connell solicitor, told the court a cable holding the steel cage had snapped as the men worked on the bridge.
Ms Wigsten from Sodertalje, Sweden, had sued Gaelach Droichead Ltd, trading as Irish Bridge with registered offices at Ballyengland, Askeaton, Co Limerick; his employer, Paul Mulcair Ltd of the same address; Nationwide Crane Hire Ltd, trading as NCG Crane, with registered offices at Dock Road, Limerick City; Palfinger Ireland Ltd with registered offices at Cloncollig Industrial Estate, Tullamore, Co Offaly; Limerick City and County Council and Malachy Walsh and Co Ltd, with registered offices at Park House, Mahon Technology Park, Bessboro Road, Blackrock, Co Cork.
It was claimed Mr O’Herlihy was in the “man cage” being raised by a crane when suddenly and without warning it dropped into the river.
It was further claimed there was an alleged failure to provide a safe place of work and a safe system of work and Mr O’Herlihy had been allegedly required to work in circumstances and conditions where it was allegedly known or ought to have been known were unsafe and dangerous.
All the claims were denied by all the defendants.
Mr Justice Paul Coffey was told the settlement which was reached after mediation was without an admission of liabililty.
Mr Justice Coffey noted the settlement, which he said was fair and reasonable, and the division of the €35,000 statutory mental distress payment.
The judge also extended his deepest sympathy to Mr O’Herlihy’s family in Sweden and Kerry.
In 2022, Judge Tom O’Donnell imposed a fine of €200,000 on Nationwide Crane Hire Ltd, Dock Road, Limerick, and a €25,000 fine on Palfinger Ireland Ltd, Tullamore, Co Offaly.
In a victim impact statement at the time, Ms Wigsten said their children Katie and Conor had lost one of the most important people in their lives, their dad.
