A 15-year-old American who sued for nervous shock after he came across the accident at the Gap of Dunloe where his grandmother and her partner died when their pony and trap plunged down a ravine has settled a High Court action for €75,000.
Gavin Walther was on the second day of a dream holiday to Ireland with five other family members and in a procession of three pony and traps at the Kerry scenic beauty spot when he and his sister came upon the accident.
His counsel Liam Reidy SC instructed by Adrian Hegarty solicitor told the High Court luckily the boy did not witness the accident on the narrow mountain pass towards Kate Kearney’s Cottage. Counsel said the accident had happened about five minutes before the pony and trap in which Gavin and his sister Katelyn were travelling in came on the scene.
Fatalities
Counsel said Gavin’s grandmother Rosalyn Joy Few, (64), and her partner Normand Larose, (62) from Phoenix, Arizona were in the first pony and trap with Gavin and his sister Kaitlyn in the second pony and Gavin’s parents, Tonya Tier and Bill Walther were in the last jaunty car for the trip on April 9, 2018.
Counsel said the first pony and trap had travelled much faster than the others and as a result the boy did not see the accident where the pony and trap went over the edge of a cliff, onto the rocks below and Ms Few and Mr Larose were killed. The driver he said had managed to get off the trap before it went over the edge.
Mr Reidy said the second pony and trap came across the accident about five minutes after it happened but Gavin’s sister who was older than him shielded him and stopped him looking over the edge.
Counsel said the boy witnessed the aftermath as his parents and others tried to resuscitate Ms Few and Mr Larose.
Underlying PTSD
An expert medical report handed in to the court said the boy had subtle underlying post-traumatic stress disorder.
Mr Justice Paul Coffey was told the settlement was against the pony and trap driver, Dan Casey of Beaufort, Killarney.
In his proceedings which the boy brought through his father Bill Walther it was claimed that suddenly and without warning the horse and cart driven by Mr Casey at the Gap of Dunloe on April 9th, 2018 was caused to lose control and left the roadway, went over the verge and down onto the rocks below.
Gavin came across the accident aftermath it was claimed and suffered a significant shock. It was claimed he came across a scene of utter horror and suffered severe and significant shock as a result of what was claimed was an extremely traumatic and devastating event.
The claims were denied.
Settlement
Approving the settlement Mr Justice Paul Coffey said it was fair and reasonable, and he agreed to an application that the money be held in trust by the boy's parents until he reaches 18 years of age.
Earlier this month it was announced in the High Court that five out of six original actions brought by the family of the American couple who died in the accident have been settled.
Just one case relating to a claim for a significant six-figure sum over the death of Ms Rosalyn Few who died in the tragic accident five years ago now remains before the court. That case is due to he heard in the High Court next November.
The settlement in all the other five actions are against the pony and trap driver Dan Casey of Beaufort, Killarney. All proceedings against Kerry County Council were struck out.
All the claims were denied in each action.
An inquest held in 2019 into the deaths heard that Ms Few, of Phoenix, Arizona, and Mr Larose, also of Arizona and originally from Canada, had both died of blunt force trauma with severe traumatic brain injury due to a fall on rocks.
The six-man jury returned a verdict of accidental death after almost three hours of evidence.
