A 15-year-old American has settled a High Court action for €75,000, after coming across the aftermath of an accident at the Gap of Dunloe, in which his grandmother died.
Gavin Walther was on the second day of a dream holiday to Ireland with five other family members in April 2018, when his grandmother and her partner were killed in the pony and trap accident.
Counsel said the pony and trap carrying 64-year-old Rosalyn Joy Few, and her partner, 62-year-old Normand Larose, went over the edge of a cliff on to the rocks below.
An inquest into their deaths in 2019 heard that both Ms Few and Mr Larose had died of blunt force trauma with severe traumatic brain injury due to a fall on rocks.
The boy’s counsel, Liam Reidy SC, said the boy’s grandmother and her partner were in the first pony and trap, Gavin and his sister Kaitlyn were in the second, and Gavin’s parents, Tonya Tier and Bill Walther, were in the last jaunting car for the trip on the day.
Counsel said the first pony and trap was travelling much faster than the others, and as a result, the boy did not see the accident on the narrow mountain pass towards Kate Kearney’s Cottage.
The court heard the accident had happened about five minutes before the second pony and trap, carrying Gavin and his sister Kaitlyn, arrived at the scene.
Mr Reidy said Gavin’s older sister shielded him and stopped him looking over the edge at the accident, but he did witness the aftermath as his parents and others tried to resuscitate Ms Few and Mr Larose.
Mr Justice Paul Coffey was told the settlement was against the pony and trap driver, Dan Casey of Beaufort, Killarney, who said he had managed to get off the trap before it went over the edge.
It was claimed in proceedings that suddenly and without warning, the horse and cart driven by Mr Casey at the Gap of Dunloe on April 9 2018 was caused to lose control and left the roadway, going over the verge and onto the rocks below.
It was claimed Gavin came across a scene of utter horror, and suffered severe and significant shock as a result of what was called an extremely traumatic and devastating event.
An expert medical report handed in to the court said the boy had subtle, underlying post-traumatic stress disorder.
The claims were denied.
Approving the settlement Mr. Justice Paul Coffey said it was fair and reasonable and he agreed to an application that the money be held in trust by the boy's parents until he reaches 18 years of age.
Five of the six original actions brought by the family of the deceased have been settled, with one case relating to a six-figure sum over the death of Ms Few due to be heard in November.
