CHILD WHO SAW TWIN BROTHER CRUSHED IS AWARDED €100K FOR POST TRAUMATIC STRESS

first_imgA young Letterkenny girl who saw her twin brother crushed to death by a bin lorry on a local housing estate when she was aged just three has received €100,000 for post traumatic stress.The father and mother of the late Patrick McDonagh Jnr, Patrick McDonagh Snr and Shirley McDonagh. Pic by Northwest Newspix.Rose Margaret McDonagh and brother Patrick were playing with a tennis ball when tragedy struck outside their home at Ballymacool in February, 2010. The ball rolled down a hill and as Patrick was bending down to pick up the ball, a refuse truck belonging to Ferry’s Refuse, rolled over him.Mr Justice Anthony Barr was told that it has taken the McDonagh family years to come to terms with the tragic and untimely death of Patrick.The twins were very close and had communciated through their own language, the court heard.Rose Margaret, of Ballymacool Wood, Letterkenny, had through her mother Shirley McDonagh, sued Ferrys Refuse Collection Ltd, trading as Ferrys Refuse of Rossbracken, Letterkenny, Co Donegal.The court heard the lorry driver, Alex McDaid, was later cleared of dangerous driving causing the death of the little boy.The Irish Independent reports that it was claimed Rose Margaret, who is now 8, suffered post traumatic stress disorder after witnessing the accident.Bin lorry driver Alex McDaidThe aftermath was very harrowing, the court heard, as the little girl saw her father kneeling beside her dead brother screaming.She accompanied her father to the hospital and it was claimed, despite her tender years. she was aware of what had occurred.It was further claimed the little girl was disturbed for months after the accident.It was claimed there was an alleged failure to stop the refuse vehicle immediately when a bump was felt and instead a presumption was made it was a manhole and the manoeuvre continued.It was further claimed there was a failure to turn the vehicle at the bottom of the road rather than reversing into the cul de sac in a manner which, it was alleged, was unsafe and dangerous. The claims were denied.Mr Justice Barr said it was a reasonable settlement and noted Patrick and Rose Margarets’ parents were happy with it.In a separate case taken by Mrs McDonagh, a settlement of €50,000 was announced to the court in relation to expenses incurred by the family over the accident and its aftermath.The court was also told the, Patrick and Shirley, had previously settled an action for mental distress in relation to the accident.CHILD WHO SAW TWIN BROTHER CRUSHED IS AWARDED €100K FOR POST TRAUMATIC STRESS was last modified: May 14th, 2015 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:bin lorrycourtCRUSHEDDamagesferry’s refusePatrick McDonaghlast_img read more