Five out of six actions brought by the family of a North American couple who died after their pony-and-trap plunged down a steep rocky ravine in the Gap of Dunloe, Killarney have been settled.
Just one case relating to a claim for a significant six-figure sum over the death of one of the two people killed in the tragic accident five years ago now remains before the court.
The settlement in all the other five actions are against the pony and trap driver Dan Casey of Beaufort, Killarney.
All proceedings against Kerry County Council were struck out. The details of the settlement are confidential.
One of the settlements has to be formally approved by the High Court at the end of the month as the plaintiff is still a child.
The family of Rosalyn Joy Few, aged 64, and her Canadian partner Normand Larose, 62, sued Kerry County Council and the pony and trap driver, Dan Casey, as a result of the accident at the beauty spot on April 9, 2018.
The couple, from Phoenix, Arizona, were on the second day of their dream holiday to Ireland. They were in the first pony-and-trap with members of their family travelling in two other traps behind, when the accident happened on the narrow mountain pass towards Kate Kearney’s Cottage.
The settlements were reached after Mr Justice Paul Coffey urged mediation talks between the sides after being told there were significant liability issues involved.
All the claims made in each case were denied.
Ms Few’s family filed five of the actions. Ms Few’s daughter, Tonya Tier of West Richmond, Washington, has sued on behalf of her family over the death of her mother and also sued for nervous shock. Ms Tier’s husband, Bill Walther, and children, Gavin, 14 and Kaitlyn, 20, sued for nervous shock. Four of those actions are now settled with Gavin’s case expected to go before the High Court at the end of this month for formal approval.
Mr Larose’s brother, Yvan Larose from Magog, Quebec, Canada, brought a separate action on behalf of the Larose family, who live in Canada, over the death of Normand Larose in the accident. That case has now also been settled.
Announcing the settlement. counsel for the families Liam Reidy SC instructed by Adrian Hegarty solicitor said Ms Few’s family were disappointed there was not an opportunity of mediation in the last remaining case over Ms Few’s death. He asked that the hearing be set for November 9 next.
It is understood that the case over the death of Ms Few involves significant claims in relation to loss of dependency, and ongoing care and support for a family member.
Counsel for Mr Casey, John Lucey SC said it was unfair to criticise the lack of mediation in that case.
Noting the settlement and setting the date for hearing on the remaining fatal action, Mr Justice Coffey exhorted the parties to renew mediation on this last case and said he expected that to happen before November.
In all of the actions, it was claimed the pony and trap was allegedly caused to lose control on an alleged particularly treacherous stretch of roadway and tumble into a deep ravine.
It had been further claimed there was an alleged failure to have any policies, procedures, protocols, or other methods in place to ensure the safety of visitors to the Gap of Dunloe.
It was also claimed there was an alleged failure to ensure that the traps in which passengers were travelling were fitted with adequate braking systems or other security measures such as would ensure the safety of passengers.
In the proceedings, it was further claimed there was an alleged failure to erect any barriers, warning signs, or other measures to ensure the safety of visitors approaching that particular section of the roadway.
There was it was also contended an alleged failure to warn visitors or passengers of the danger which allegedly existed.
All the claims were denied by the defendants.
