The daughter of an American tourist who died after a pony and trap plunged down a steep rocky ravine at the Gap of Dunloe has settled a High Court action over her death.
This is the sixth and final action to be resolved over the accident at the beauty spot outside Killarney, Co Kerry, five years ago.
Rosalyn Joy Few (64) and her partner, Normand Larose (62), of Phoenix, Arizona, lost their lives in the accident on the narrow mountain pass towards Kate Kearney’s Cottage on April 9th, 2018.
The couple, who were on their dream holiday to Ireland, were in the first pony and trap with members of their family travelling in two other traps behind, when the accident happened.
The announcement of the latest settlement was made in the High Court. The terms of the settlement are confidential.
Counsel Liam Reidy SC, instructed by Adrian Hegarty solicitor, told the High Court that this was the last action to be settled. He said it was before the court for the approval of the division of the additional €35,000 solatium, which is a statutory mental distress death payment.
The latest settlement in the death of Rosalyn Few was against the pony and trap driver Dan Casey, of Beaufort, Killarney. In all six cases, all proceedings against Kerry County Council were struck out.
It is understood that the last case relating to Ms Few’s death contained a claim for a significant six-figure sum. Mr Justice Paul Coffey noted the settlement and the division of the solatium between Ms Few’s family.
Family members of the deceased had sued Kerry County Council and the pony and trap driver, Dan Casey of Beaufort, Killarney, as a result of the accident at the beauty spot on April 9th, 2018.
In the latest case, Ms Few’s daughter, Tonya Tier of West Richmond, Washington, sued on behalf of her family over the death of her mother.
It was claimed that suddenly and without warning, the horse and cart the couple were travelling in and driven by Mr Casey lost control and, as a result, left the roadway, went over the verge and onto the rocks below.
It was also claimed there was an alleged failure to ensure that the traps in which passengers were travelling were fitted with adequate braking systems or other security measures to ensure the safety of passengers.
All the claims were denied and proceedings later struck out against Kerry County Council.
Settlements were reached in the other five cases the High Court previously heard after Mr Justice Paul Coffey urged mediation talks between the sides after being told there were significant liability issues involved.
Ms Tier along with her husband, Bill Walther, and children Gavin and Kaitlyn sued for nervous shock. All of those cases settled earlier this year.
Mr Larose’s brother, Yvan Larose from Magog, Quebec, Canada, brought a separate action on behalf of the Larose family who live in Canada over the death of Normand Larose in the accident. That case also settled earlier this year.
