Widow of man killed on work site settles case for €500,000

The widow of a steel fabricator who was killed while working on a new gym at the Galway Sportsgrounds has settled her High Court damages action against her late husband's employer and the Irish Rugby Football Union for €500,000.

Dolores Byrne, Gurteen, Ballyhaunis, Co Mayo, sued several parties over the death of her husband Declan at the Galway site on April 30th, 2008.

The case was against her husband’s then employer, CDM Steel Ltd, Tuam Road, Galway, now in voluntary liquidation. At the time of his death, it was alleged the company was a subcontractor carrying on works at the site.

She also sued the Connacht branch of the Irish Rugby Football Union and the IRFU itself as owners of the site where the development works were being carried out.

It was alleged Mr Byrne’s death was caused as a result of negligence by the defendants who denied those claims.

The settlement was approved by Mr Justice Kevin Cross at the High Court on Wednesday following lengthy talks between lawyers for the sides.

Paul McGarry SC, with John Jordan SC, for Mrs Byrne said a compromise had been reached between the parties for €500,000, plus costs, and the case could be struck out.

Counsel said Mrs Byrne’s proceedings against another defendant, Portant Developments Ltd, which she alleged was the main contractor on the site, could be struck out.

Lawyers for the other defendants said they were consenting to the settlement.

Mr McGarry said the tragic accident occurred when Mr Byrne was trying to realign a steel girder that formed part of the roof sub frame of the gym. Unfortunately, the girder fell and struck Mr Byrne on the head, killing him instantly, said counsel.

‘Irreplaceable loss’

The judge expressed his sympathies to Mrs Byrne, the couple’s two children, and extended family over their “tragic and irreplaceable loss”.

While the settlement was a very good one, which he was happy to approve, “nothing can replace what you have lost”, he told the family.

In her action, Mrs Byrne claimed she suffered great mental stress and loss as a result of her husband’s death. She alleged the defendants failed to provide her husband with a safe place of work, exposed him to injury, and failed to provide him with adequate safety equipment to carry out his work including a cherry picker.

It was also alleged the defendants failed to comply with the Health, Welfare and Safety at Work legislation.

In its defence, CDM Steel denied the claims and also pleaded the accident was caused by Mr Byrne’s own negligence and that of the other defendants. It also alleged he failed to have regard for his own safety and engaged in a dangerous practice in allegedly attempting to move the steel beam without the appropriate lifting equipment.

The IRFU defendants also denied any wrong doing or that it was responsible for Mr Byrnes’ death. At all material times, Mr Byrne was under the control of CDM which was responsible for providing a safe place of work for him, they claimed.