A WOMAN who watched her husband drown after his life jacket malfunctioned was awarded more than €500,000 in damages at the High Court in Cork yesterday.
Ella Sweeney's husband Jack (64) drowned after a valve in his life jacket failed to work properly and forced his head under water.
Mrs Sweeney watched helplessly from the shore after she noticed her husband Jack overbalance on a punt and fall into Cork's river Lee at Blackrock. The accident happened just a few feet from the river bank on a warm summer's evening in August 2003.
Artist and part-time taxi driver Jack Sweeney bought the Baltic Winner 150 life jacket just three weeks before his death on August 18th. When Mr Sweeney fell into the water, he activated his gas-triggered life jacket. But a faulty valve resulted in air escaping from one half of the jacket and it filled with water. The half-inflated jacket then effectively turned Mr Sweeney over in the water and forced his head under water.
Yesterday, Mr Justice Paul Butler strongly criticised the manufacturers of the life jacket for not issuing a recall after a problem was identified with a faulty valve.
The judge said the regulatory authorities ought to investigate the situation.
He added it should also be checked whether in this jurisdiction there was a criminal breach of reckless endangerment.
Ms Sweeney (69), of Castle Road in Blackrock, Cork, was awarded €519,367 in damages.
The court was told the faulty mechanism had not been produced since June 2003 and the Baltic company had also reported the matter to the European Union.
Mrs Sweeney had sought damages for stress she suffered as a result of seeing her husband drown as he was going out to his boat.
She took the action against CH Marine Ltd, from whom her husband bought the life jacket, and the manufacturers, Baltic Safety Products AB of Sweden, both of whom accepted liability but were contesting the level of damages.
A third defendant, Halkey Roberts of Florida, manufactured the air valve at the centre of the claim. The US firm is expected to be the focus of a third-party action.
Speaking outside the High Court in Cork yesterday, Mrs Sweeney said she was pleased with the ruling. "Judge Butler has highlighted the negligence of the life jacket. That has been a comfort to me.
"I cannot concentrate any more since I saw Jack drown. I wish to God it had never happened. I'm totally destroyed by it - there are times when I just can't stop crying. I feel very, very angry over what was done to my life and Jack's life."
The court heard Mrs Sweeney suffered panic attacks, nightmares and depression and needed permanent care because of a high risk of suicide.