Diving death action settled for €500,000

The widow of a diver who died while diving off Donegal has settled her High Court action for damages for €500,000.

The widow of a diver who died while diving off Donegal has settled her High Court action for damages for €500,000.

Mary McGarvey, Gortahork, Co Donegal, had sued diving instructor Donal McEleney and a representative of the Sheephaven Sub-Aqua Club arising from her husband's death.

The court was told that John McGarvey was a beginner who was diving for pleasure and that he had drowned when his air supply allegedly ran out. Mr Justice Brian McGovern was told it was difficult to be clear on what occurred and the case had been settled for €500,000.

It was claimed Mr McGarvey was a member of the Sheephaven Sub Aqua Club who was diving under the direct supervision of Mr McEleney, described as a one-star diving instructor, a leading diver and the equipment officer of the club. It was claimed he was directly supervising Mr McGarvey's dive.

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Mr McGarvey drowned during an organised dive off Melmore Head, Downings, on May 19th, 2002. It was alleged the defendants had failed to have regard for the health and safety of Mr McGarvey and were negligent in permitting or causing his air supply to run out.

The defendants had denied the claims.