The family of Patrick McBride (aged 69) have received a settlement of €147,000 ten years after their father tragically died after falling into a hole on a road.
The father of eight fell into an excavated hole by Donegal County Council in Gweedore, West Donegal, after his daughter’s wedding on September 23rd, 2007.
Mr McBride was on his way to the local pub in Gweedore after midnight to buy drinks for locals who had not attended the wedding when the accident happened.
He was just 200 yards from his home when he fell into the hole dug for the purpose of erecting signage. It is believed that he died in the works as he was unable to free his arms from under his body, the Irish Times reports.
Mr McBride’s wife Grace had first brought proceedings against Donegal County Council and Eircom Ltd and Eircom PLC over the accident. Following her death, Pierse McBride, of Middletown, Derrybeg, Co Donegal, continued the action on behalf of his family.
On Thursday July 27th, the McBride family settled for €147,500 against Donegal County Council and Eircom Ltd and Eircom PLC . The case was settled without admission of liability from the defendants.
It was claimed a danger had been created on the road by the defendants and there was alleged failure to complete the works. It was also claimed there was failure to have adequate street lighting, to fence off the excavation and put warning signs in place. The claims were denied.
It was contended there was contributory negligence on the part of Mr McBride in relation to the accident.
Senior Counsel for the McBride family Joseph McGettigan said this was a tragic case.
He said Patrick McBride had been dropped home from the family wedding after midnight and went to walk to his local pub but fell into a large hole excavated by the council for the purpose of erecting signage.
SC said liability was contested and the family were concerned that the other side pleaded there was contributory negligence due to alleged intoxication.
A coroner had ruled out intoxication as a factor in the case and Mr McBride’s death was recorded on his death certificate as due to misadventure, Counsel said.
Mr Justice Kevin Cross sympathised with the family and approved the settlement, which included €6,000 for loss of a honeymoon for Mr McBride’s daughter Grace Anne.