The family of a fisherman who was swept overboard and drowned as an injured colleague was being airlifted from a fishing vessel during a rescue operation has settled its High Court action for €200,000 damages, plus costs. The settlement was without admission of liability.
The court heard that Dominick Gallagher's body was never recovered after he was knocked overboard during the late-night rescue operation near Tory Island, off the Donegal coast, on February 9th, 1995.
His widow, Michelle, Crickamore, Dungloe, Co Donegal, sued the vessel's skipper, Daniel Gallagher, Mullaghduff, Kincasslagh, and the ministers for marine and defence, claiming €1.02 million in damages.
The case was settled yesterday for €200,000 plus costs against both parties. Henry Hickey SC, for the State, said the settlement was without admission of liability by his client. Daniel Gallagher was not represented.
Earlier, Mr Justice Kevin O'Higgins was told by Ms Gallagher's lawyer, Paul Sreenan SC, the plaintiff would have difficulty proving liability in the case because it was a rescue operation with people risking their own lives to save others.
There was a case for contributory negligence because, he said, Dominick Gallagher had not worn a life jacket. The court heard it was Dominick Gallagher's first trip on the vessel Westra when, in atrocious weather conditions, his colleague Vincent Molloy slipped on the boat and injured his neck and shoulders.
After being told of the settlement and directing that a sum of €36,000 of it be paid to Mr Gallagher's son, Niall, now 13, the judge said this was "an extremely sad case".