A 64-YEAR-OLD man drowned after a defective lifejacket failed to inflate properly and forced his head under water. The accident was witnessed by his wife on the shore, the High Court in Cork was told yesterday at the opening an action for damages.
Ella Sweeney (69), Castle Road, Blackrock, Cork, is seeking damages for the stress she suffered as a result of seeing her husband, Jack (64), drown as he was going out to his boat at Blackrock Pier on August 18th, 2003.
Michael Gleeson SC said it was the plaintiff's case that Mr Sweeney died as a result of the defective lifejacket. "It was a new life jacket. It was supposed to save his life. Tragically, it ended up killing him, and I do not use those words lightly. Because of a defective valve, it inflated on one side, forcing his head under the water. It turned him, putting his head downwards."
Mrs Sweeney is taking the action against CH Marine Ltd, from whom her husband bought the lifejacket, and the manufacturers, Baltic Safety Products AB of Sweden, both of whom accept liability but are contesting the level of damages.
The manufacturer of the valve used in the Baltic Winner 150 lifejacket, Halkey Roberts Corporation of Florida, has been joined as a third party for a future action against them by CH Marine and Baltic Safety Products AB.
Yesterday consulting engineer for Mrs Sweeney, Joseph O'Sullivan, told Mr Justice Paul Butler he had examined the gas-operated lifejacket, which has two bladders and which is supposed to inflate when a toggle is pulled. He found that it was defective.
Mr O'Sullivan said he found that "one bladder inflates and the other does not when the valve locks itself. In my opinion, it does not comply with the European standard - it is dangerous, it is inappropriate, it is unsafe."
It would be an excellent lifejacket except what he identified as a defect in the valve, said Mr O'Sullivan, adding that in 20 tests, the valve did not close properly on 13 occasions, allowing water into the jacket.
Mr Gleeson told the court Mrs Sweeney suffered panic attacks, nightmares and depressionand needed permanent care because of a high risk of suicide.
The case continues.