A LEGAL action against a construction firm for shock caused to the siblings of a young boy who died from burn injuries sustained during an explosion on a building site was settled yesterday.
Stephen Long (9) was playing on a building site in Mount Oval village belonging to O'Flynn Construction at Clarke's Hill, Rochestown, Cork, on September 9th, 2001, when the incident occurred.
He suffered serious burn injuries when a barrel of wood preservative exploded on the site and he later died in hospital.
A legal action by Stephen's sister Aisling (18) and brother Ian (14) for compensation against O'Flynn Construction for the nervous shock they suffered over their brother's death was settled at the High Court in Cork yesterday.
The case had opened on Wednesday with O'Flynn Construction admitting liability but contesting the issue of entitlement to compensation for nervous shock.
John O'Mahony SC, for the Long family, told Mr Justice Éamon de Valera yesterday that the defendants had made an offer which the family's legal team felt was appropriate in the circumstances. He said he was consenting to the summons for Aisling and Ian to be struck out.
He told the court that €100,000 had been offered in respect of both siblings plus costs.
Having looked carefully at all aspects of the cases, Dr O'Mahony said it appeared appropriate to pay €60,000 to Aisling and €40,000 to Ian, as the medical evidence was more serious in respect of Aisling.
He said the claims of Stephen's parents, Seán and Geraldine, were outstanding and were obviously going to be huge claims.
"We have been tracking very carefully the trend in the way nervous shock cases are going and it would appear that the figure now on offer is appropriate in the circumstances and accordingly, we will be recommending it on that basis," said Dr O'Mahony.
He added that the settlement of the case would mean that Aisling and Ian could avoid the ordeal of having to give evidence in court. What they had suffered was obviously extremely serious, he said.
Mr Justice de Valera said he was very pleased that this case had been settled as he could see legal difficulties arising down the line. It was a very sad case and one where everybody had sympathy for the Long family.
He approved the recommended settlement figure of €100,000 and ordered that money be lodged in court in Ian's case and paid out to Aisling, as she was of age.
He approved a sum of €1,000 to be dispensed to Ian by his parents, noting that he had suffered as well. He suggested the money be spent on a computer or a weekend away, remarking that in the old days, it would have been a bicycle.
The dead boy's mother, Geraldine Long, broke down in loud sobs at this point.
After the settlement was approved, Dan Murphy, solicitor for the Long family, said: "The Long family are satisfied with the way in which the courts are dealing with these matters. Unfortunately, nothing will compensate them for the terrible tragedy."
Some matters were outstanding and would be dealt with in due course, Mr Murphy added.
The action being taken by Mr and Mrs Long has been put back to July.
