Families of fishermen who died off Dunmore East settle High Court actions
The families of two fishermen who lost their lives while lobster fishing off Dunmore East, Co Waterford almost seven years ago have settled their High Court actions.
Brothers Paul (49) and Shane Bolger (44) along with another brother Kenny (47) died after their 20ft wooden punt, the Dean Leanne, capsized. They had left Dunmore East at 7am on June 12,2013 to set lobster pots off Brownstown Head.
In the High Court today(Fri) Paul's partner of 28 years, Patricia Moran and Shane's wife Lucy Bolger settled for €250,000 each their actions against the manufacturer and suppliers of an emergency position indicating radio beacon which had been fitted on the Dean Leanne and which it was claimed was allegedly defective.
Counsel for the two families Michael Counihan SC instructed by Emmet Halley solicitor told the court the cases were heavily contested and the settlements did not represent the full value. He said the men had set off fishing early in the morning on June 12, 2013 and the boat which he said was not very big overturned.
The three men who were wearing life jackets when they had left port Counsel said died from hypothermia from being too long in the water. Counsel said the boat was fitted with the beacon which was supposed to send a signal to the emergency services which were fifteen minutes away. Counsel said the beacon did not operate and it was late in the evening when the alarm was raised over the fishermen and their bodies located.
Counsel said the beacon was later located intact and testing on it showed the microprocessor was found to be defective. Counsel said all such beacon devices were subsequently recalled by the manufacturer.
Mr Counihan said the boat was not a large vessel and had machinery on it and there may have been a question on whether it was overweight. Counsel added if the case had gone ahead there may also have been an issue relating to alleged contributory negligence.
Patricia Moran of Checkpoint Co Waterford and who has one daughter and Lucy Bolger of Passage East, Co Waterford who has two children had sued Australian company Standard Communications Pty Ltd, who manufactured and supplied the beacon and Cypress Semiconductor Corpopration with offices at San Jose, California which manufactured the microprocessor in the beacon.
It was claimed a product had been manufactured which was allegedly defective and that a product had been supplied which was allegedly defective and subject to an alleged inherent fault.
It was further claimed the fishermen had been caused to perish and there was an alleged failure to put in place or devise any adequate system whereby the alleged fault which existed in the product could be identified. The claims were denied.
Approving the settlements, Mr Justice Kevin Cross who had earlier said he remembered the tragedy, extended to his sympathies to the families of the dead men on their tragic loss.
