Family of man who died after arrest awarded €117,000

The family of a 39-year-old father of three who died after being arrested 10 years ago has settled their High Court action for a total of €117,000.

John Nevin, who had barricaded himself into a house in Co Tipperary, was taken into custody by gardaí. He later became unwell and was taken to hospital where he was pronounced dead.

The State pathologist had concluded the cause of death was acute alcohol and citalopram intoxication.

Approving the settlement in the High Court on Monday, Mr Justice Garrett Simons said it was a tragic case arising out of a very sad set of circumstances, where Mr Nevin had unfortunately taken a “very dangerous” concoction of alcohol and anti-depressant medication.

The judge said he had huge sympathy for the Nevin family who obviously have a grievance against the gardaí but there was a real risk, should the case go to trial, given the liability situation.

John O’Donnell SC, for the family, earlier outlined that Mr Nevin had barricaded himself into the bedroom of his house at Templetuohy on April 24th, 2010 and was arrested after a four-hour stand-off.

Counsel said there were significant difficulties with liability in the case and the inquest into Mr Nevin’s death made clear the cause of death was not as a result of the arrested man being in the garda car or in custody at the station. The State pathologist had concluded the cause of death was acute alcohol and citalopram intoxication.

Mr Nevin’s widow, Margaret Nevin, Dalton Park, Mullingar, Co Westmeath and his father John Nevin Snr, Mountfing, Urlingford, Co Kilkenny had taken proceedings on behalf of the family against the Garda Commissioner and the State in relation to Mr Nevin’s death.

They alleged negligence in allegedly failing to secure the attendance at the scene of a suitably qualified person known to the deceased. It was also alleged there was failure to honour an agreement reached by Garda negotiators thereby reducing the possibility of a peaceful resolution at the house.

It was claimed Mr Nevin had been brought to the Garda station instead of directly to hospital and there was failure to summons appropriate medical assistance in a timely manner.

Liability was denied in full and the defendants pleaded all reasonable care had been taken in the circumstances. It was further contended the death of Mr Nevin was due to acute alcohol and citalopram intoxication.