Damages awarded to family of man killed in DIY centre wall collapse

The family of a man who died after an internal wall in a DIY centre collapsed on him have secured €750,000 in settlement of their High Court action.

Sean Mulleady (48) died from injuries suffered when a section of a 6.5m high by 8.4m wide internal wall collapsed on him and several others at a shop operated by Connacht Gold Co-Op Society at Athlone Road, Longford on January 29th 2013.

Mr Mulleady, a father of three from Creenagh, Co Longford, was in the shop to buy gates when the wall collapsed. He was brought to hospital in Mullingar where he was pronounced dead. Another man also died and several others were seriously injured.

Mr Justice Paul Gilligan was told Mr Mulleady's death was extremely traumatic for his wife and family.

His widow Teresa, on behalf of the family, sued Connacht Gold Cooperative Society, tenants of the Athlone store; the premises’ owners Vincent Ruane Builders Ltd; Vincent Ruane Construction Ltd, which built the premises; and Simon Beale, trading as Simon Beale and Associates as project manager during the construction.

Mrs Mulleady alleged her husband’s fatal injuries were caused as a result of negligence and breach of duty. All the defendants denied liability. She alleged Connacht Gold failed to provide a safe premises to patrons of their store and failed to notice or respond to defects in the wall.

She also alleged the building’s owner, builder and project manager failed to design or construct the wall in a manner to ensure it would remain safe, stable and secure.

Yesterday, Vincent Foley SC, for the family, asked the court to approve a settlement offer of €750,000. While it was not the full value of the case, his client was prepared to accept the offer of €750,000 plus legal costs and expenses.

Counsel said the late Mr Mulleady was a hard working man who did not drink or smoke and who was employed as a fitter at a family business in Longford and also operated a small farm.

Mr Justice Paul Gilligan said he had no hesitation approving the settlement as a good one in the circumstances. He also paid tribute to Mrs Mulleady, describing her as “a brave person” given everything she and her family had been through.

Afterwards, Robert Anderson, for Ms Mulleady, said his client was as happy as somebody in her situation could be with the settlement and that the action had been resolved.