Eight-year-old who saw twin crushed by bin lorry awarded €100k

Ferry's Waste truck (STOCK IMAGE)
Ferry's Waste truck (STOCK IMAGE)

An eight-year-old girl who watched as her twin brother was crushed to death beneath a bin lorry after he ran after a tennis ball, has settled her high court action for €100k.

Rose Margaret McDonagh was only three when her brother Patrick was killed outside their Co Donegal home in February 2010.

Little Patrick was bending over to retrieve the ball when the truck rolled over him.

Rose Margaret of Ballymacool Wood, Letterkenny, had , through her mother Shirley, sued Ferrys Refuse Collection Ltd, trading as Ferrys Refuse.

The High Court heard that the driver of the truck had been cleared of dangerous driving.

Rose Margaret had claimed that she suffered from post-traumatic stress disorder as a result of the incident.

It was further claimed that the little girl saw her father kneeling beside her dead brother screaming and she suffered intense nervous shock.

It was claimed that 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 vehicle kept going.

These claims were denied.

Approving the settlement Mr Justice Barr said it was a reasonable settlement.

In a separate case taken by Shirley McDonagh a €50,000 settlement was announced to the court in relation to expenses incurred by the family in relation to the accident and its aftermath.

The court also head that the boy’s parents had previously settled an action for mental distress in relation to the accident.