Two High Court actions over an accident in which a quarry worker died when a rock face collapsed have been settled.
The first action was brought by Katja Shaw (46), the partner of Peter Byrne (45), who died in the incident at the quarry in Gorey, Co Wexford on April 1st, 2016.
The second was brought by Mr Byrne’s colleague Richard Molloy, who was injured in the same accident.
Both cases in which negligence was alleged against the quarry operators, Faser Court Ltd, run by brothers James and Patrick Casey, began last week. Explosives experts, Exsol Ltd, which carried out blasting operations on the day, were joined as a defendant against whom an indemnity was sought by Faser Court.
The claims were denied.
The court heard that Mr Byrne was driving a tractor digger and went to an area where blasting had taken place to collect the rocks which had been displaced.
However, another 60m high southeast facing rock face, which had allegedly been unstable for some time, collapsed while he was there, covering his vehicle with rocks.
Mr Molloy, of Old Garden City, Gorey, who was driving a dumper, was also hit with rocks but survived.
Ms Shaw, of Ballycanew Court, Gorey, sued for negligence, dependency, mental distress and nervous shock.
Faser Court disputed claims that it was “an accident waiting to happen” because of the condition of the southeast rock face and argued it was the result of vibrations from the blasting of the other cliff face.
A geotechnical engineer for the plaintiffs’ side said the workman should not have been within 60m of the southeast rockface given its condition for some time but were around 20m to 40m away when it collapsed.
Following talks between the sides earlier this week, Mr Justice Paul Coffey was told the plaintiffs case was settled and an order could be made against Faser Court only. Following further talks later, the outstanding issue between Faser Court and Exol was also settled.