US teen settles claim over witnessing aftermath of Gap of Dunloe plunge

A 15-year-old American who sued for nervous shock after he came across an accident at the Gap of Dunloe where his grandmother and her partner died when their pony and trap plunged down a ravine has settled a High Court action for €75,000.

Gavin Walther was on the second day of a holiday to Ireland with five other family members and in a procession of three pony and traps at the Kerry scenic spot when he and his sister came upon the accident on April 9th, 2018.

His senior counsel Liam Reidy, instructed by Adrian Hegarty solicitor, told the High Court the boy did not witness the accident on the narrow mountain pass. Counsel said the accident happened about five minutes before the pony and trap in which Gavin and his sister Katelyn were travelling arrived at the scene.

Counsel said Gavin’s grandmother, Rosalyn Joy Few (64) and her partner Normand Larose (62) from Phoenix, Arizona, were in the first pony and trap, while two others followed behind.

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Counsel said the first pony and trap had travelled much faster than the others and as a result the boy did not see the accident where the pony and trap went over the edge of a cliff, on to the rocks below and Ms Few and Mr Larose were killed. The driver he said had managed to get off the trap before it went over the edge.

Mr Reidy said the boy witnessed the aftermath as his parents and others tried to resuscitate Ms Few and Mr Larose.

An expert medical report handed to the court said the boy had subtle underlying post-traumatic stress disorder.

Mr Justice Paul Coffey was told the settlement was against the pony and trap driver, Dan Casey of Beaufort, Killarney.

In his proceedings which the boy brought through his father Bill Walther it was claimed that suddenly and without warning the horse and cart driven by Mr Casey at the Gap of Dunloe on April 9th, 2018 was caused to lose control and left the roadway, went over the verge and down on to the rocks below..

It was claimed Gavin suffered a significant shock as a result of what was claimed was an extremely traumatic and devastating event.

The claims were denied.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he agreed to an application that the money be held in trust by the boy’s parents until he turns 18.

Earlier this month it was announced in the High Court that five out of six original actions brought by the family of the American couple who died in the accident have been settled.

Just one case relating to a claim for a significant six-figure sum over the death of Ms Few now remains before the court. That case is due to be heard in the High Court next November.

The settlements in all the other five actions were against the pony and trap driver Dan Casey, of Beaufort, Killarney. All proceedings against Kerry County Council were struck out. All the claims were denied in each action.