The family of a man who died after being knocked down and crushed by a loader shovel machine at a Dublin quarry has been awarded €185,000 at the High Court after the case was settled.
Father-of-three Christopher Miley (31), of Valleymount, Co Wicklow, died on October 28th, 2021.
He was contracted to refuel vehicles by Shannon Valley Plant Hire at Behan Quarry in Rathcoole, Dublin, but was knocked down by the digger-type machine in wet and dark conditions early that morning.
His long-term partner, Shelly Keating, took a personal injury action on behalf of the family, including their three children and other dependents, to the High Court against five defendants.
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The five were: Shannon Valley Plant Hire Unlimited Company, Corderay, Drumshanbo, Co Leitrim; Laurence Behan snr, L Behan and Sons Ltd, L Behan Aggregates and Recycling Ltd, all of Windmill House, Rathcoole, Dublin; and MPM Oil, trading as Euro Oil, Ringlestown, Kilmessan, Co Meath.
No liability was admitted by any defendant in the High Court proceedings.
Mr Miley was employed by Euro Oil and was on refuelling duties at Behan’s Quarry, Windmill Hill, Rathcoole, which was at the time of his death owned, occupied and operated by the four other defendants.
Ms Keating took a personal injury case against all five defendants alleging significant loss, upset and mental distress due to the “untimely and wrongful” death of Mr Miley, which it was alleged was caused “solely by reason of negligence, and breach of statutory and contractual duty to the deceased”.
On October 28th, 2021, Mr Miley was in the process of carrying out his refuelling duties when he was “suddenly and without any warning and solely owing to breach of duty and negligence struck and crushed by a machine known as a loader shovel”, it was submitted to the court.
It had been claimed that the defendants failed to have reasonable care for Mr Miley, that they operated an allegedly unsafe quarry or system of work, that the loading shovel machine had reversed over him and that there was an alleged failure to provide him with a safe place of work, including adequate lighting outside of daylight hours.
In her statement outlining mental distress, Ms Keating stated she was in a close relationship with Mr Miley for nine years, had three daughters and had secured planning permission to build a family home on land owned by Mr Miley’s parents. Once the build was complete, the couple intended to marry.
Ms Keating said she, her children and Mr Miley’s dependents had suffered an “irreparable loss” from Mr Miley’s death.
“The plaintiff has been deprived of the joy of the deceased’s presence as a partner and father to their three children and the care, protection and comfort from him,” it was submitted.
Hugh Mohan SC, for Ms Keating, told the High Court the matter against the five defendants had been settled after negotiations and he said a sum of €185,000 could be awarded to Ms Keating’s family.
The court was told Mr Miley’s two sisters and his mother had waived their right to any settlement as approved dependents in favour of his immediate family.
Mr Justice Paul Coffey approved a settlement of €185,000 for the children and offered his “deepest sympathy” to Ms Keating, who was present in court.
