The sole survivor of a helicopter crash in which the pilot and another man died has secured more than €1 million in settlement of his High Court action.
Michael Gibbons (34), from Oranmore, Co Galway, who sustained head and other injuries in the crash, continues to have frequent nightmares and suffers post-traumatic stress disorder as a result, the court heard. Doctors had described him as remaining significantly incapacitated and feeling depressed and guilty over surviving the accident.
Mr Gibbons was the only survivor of the crash on July 9th 2005 near Derrybrien, Co Galway, involving a Robinson R44 helicopter piloted by Damien Bergin which was returning from the Tall Ships race in Waterford.
Mr Bergin (32), Castleblakeny, Co Galway, and Mark Reilly (49), Clybaun Road, Galway, died of mutliple serious injuries as a result of the helicopter crashing into a wooded area, apparently after meeting mist and fog in the Slieve Aughty mountains.
Mr Gibbons, Clochog, Oranmore, Co Galway, had sued the representatives of the estate of the deceased pilot, and two companies, Donville Helis Ltd, with registered offices at Derrydonnell, Ornamore, and 21st century Aviation Ltd, Deerpark Industrial Estate, Oranmore, respectively the owner and hirer/operator of the helicopter.
Mr Gibbons alleged negligence, breach of duty and breach of contract against all defendants. It was alleged both companies had failed to take adequate steps to ensure persons piloting the helicopter, including Mr Bergin, had adequate training and skill.
Outlining the case, Michael O'Donoghue for Mr Gibbons, said the flight had suddenly encountered cloud and thick fog and the helicopter had collided into the side of a mountain. Mr Gibbons, who was a front seat passenger, was rendered unconscious as a result of the impact.
It had been observed the helicopter had slowed down before disappearing off the radar screen, counsel said.
An air accident unit found the cause of the accident to be pilot error and the case was before the court for assessment only, liability having been admitted by all defendants, he added.
On the second day of the assessment hearing today, Mr Justice John Quirke was told the case had settled and could be struck out. No details were disclosed but the settlement is understood to be in excess of €1 million.
