Family of man who drowned in Thomond Bridge cage accident settle High Court action

High Court Reporters

The family of a man who plunged to his death and drowned in the River Shannon after the steel cage carrying him and his colleagues as they worked on a Limerick bridge suddenly dropped into the water has settled a High Court action over his death.

Blocklayer Bryan Whelan from O’Brien’s Bridge, Co Clare was only 29 years of age when he and his colleague stonemason TJ O’Herlihy (36) from Castleisland, Co Kerry were trapped in the cage which fell into the river over nine years ago and the two men drowned.

Their co-worker, Paul Murphy, from Askeaton, Co Limerick, managed to free his harness and was rescued by emergency first responders after he was swept out along the Shannon estuary.

Mr Whelan and Mr O'Herlihy had been harnessed into the cage and were wearing lifejackets while they carried out specialised repair works on the south side of Thomond Bridge, Limerick City when the tragedy occurred on August 29th 2015.

Mr Whelan’s father, John Whelan from O’Brien’s Bridge, Co Clare had sued had Gaelach Droichead Ltd trading as Irish Bridge with registered offices at Ballyengland, Askeaton, Co Limerick; his employer, Paul Mulcair Ltd of the same address; Nationwide Crane Hire Ltd with registered offices at Dock Road, Limerick City; Palfinger Ireland Ltd with registered offices at Cloncollig Industrial Estate, Tullamore, Co Offaly; Limerick City and County Council and Malachy Walsh and Co Ltd with registered offices at Park House, Mahon Technology Park, Bessboro Road, Blackrock, Co Cork.

It was claimed that at all material times Mr Whelan was located in a man cage and was wearing a personal flotation device or life jacket and a safety harness with a lanyard tethered to the man cage rail by snap buckle.

The man cage was attached to a crane mounted on a three axle rigid lorry.

It was further claimed that suddenly and without warning the man cage dropped into the River Shannon where it is claimed there was no rescue boat in attendance. Mr Whelan and a colleague became trapped and drowned.

It was further claimed there was an alleged failure to provide a safe place of work and a safe system of work and Mr Whelanhad been allegedly required to work in circumstances and conditions where it was allegedly known or ought to have been known were unsafe and dangerous.

The case was before the High Court for assessment of damages only.

Counsel for the Whelan family, Michael J McMahon SC instructed by solicitor Sean Fitzgerald after several hours of talks informed the court that the case had been settled against all defendants. He said it was a very tragic case.

The terms of the settlement are confidential.

Ms Justice Denise Brett noted the settlement and congratulated all the parties in reaching a resolution.