Settlement approved for family of man crushed to death at Dublin quarry
The family of a young man who died after being knocked down and crushed by a loader shovel machine at a quarry in Dublin has settled a High Court action over his death.
Father-of-three Christopher Miley (31) of Valleymount, Co Wicklow, died on October 28th, 2021.
He was contracted to refuel vehicles by Shannon Valley Plant Hire at Behan Quarry in Rathcoole, Dublin, but was knocked down by the digger-type machine in wet and dark conditions early that morning.
His long term partner, Shelly Keating, took a personal injury action on behalf of the family, including their three children to the High Court against five defendants: Shannon Valley Plant Hire Unlimited Company, Corderay, Drumshanbo, Co Leitrim; Laurence Behan Senior, L Behan and Sons Ltd, L Behan Aggregates and Recycling Ltd, all of Windmill House, Rathcoole, Dublin; and MPM Oil, trading as Euro Oil, Ringlestown, Kilmessan, Co Meath.
Mr Miley was employed by Euro Oil and was on refuelling duties at 'Behan's Quarry' Windmill Hill, Rathcoole, which was, at the time of Mr Miley's death, owned, occupied and operated by the four other defendants.
Ms Keating took a personal injury case against all five defendants, alleging significant loss, upset and mental distress due to the "untimely and wrongful" death of Mr Miley, which, it was alleged, was caused "solely by reason of negligence, and breach of statutory and contractual duty" to the deceased.
On October 28th, 2021, Mr Miley was in the process of carrying out his refuelling duties during the course of his employment at the quarry when he was "suddenly and without any warning and solely owing to breach of duty and negligence struck and crushed by a machine known as a loader shovel", it was submitted.
It had been claimed that the defendants failed to have reasonable care for the deceased, that they operated an allegedly unsafe quarry or system of work, that the loading shovel machine had reversed over Mr Miley and that there was an alleged failure to provide him with a safe place of work, including adequate lighting outside of daylight hours.
The settlement is without an admission of liability.
In her statement outlining mental distress, Ms Keating states that she was in a close, committed and loving relationship with Mr Miley for nine years, had three daughters and had secured planning permission to build a family home on land owned by Mr Miley's parents.
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Once the build was complete, the couple intended to marry.
Ms Keating said she and her children and Mr Miley's dependents had suffered an "irreparable loss" by Mr Miley's death.
At the High Court, Hugh Mohan SC, instructed by Liam Moloney solicitor, Naas, for Ms Keating, said the matter against the five defendants had been settled after negotiations and that a sum of €185,000 could be awarded to Ms Keating's children.
Mr Justice Paul Coffey approved a settlement of €185,000 for the children and offered his "deepest sympathy" to Ms Keatingand the wider family.
