Family gets €93k after horse kick death

The family of a man who died from a kick from a horse was awarded €93,000 compensation at the High Court in Cork yesterday.

Donal Hurley, 38, was working with horses on Sep 6, 2010, and was leading two horses as another man was leading three horses, up a lane at Barleyfield, Kilbrittain, Co Cork, when the accident happened.

A motorist who drove along the lane stopped when she saw the horses but did not turn off the engine. One of the horses spooked and kicked out, striking Mr Hurley a fatal kick.

John O’Mahony, SC for the family of the late Mr Hurley, said if the matter had gone to trial, the issue against the driver would have been that the engine was not switched off.

Mr Justice Michael Peart asked if that was a culpable matter and suggested this claim of negligence might have proved difficult if the case had gone to trial. Dr O’Mahony said: “Very definitely so.”

The judge approved the settlement offer of €93,000 and said there would have been a real risk if the case had gone to trial.

The award was divided between Mr Hurley’s son, Joseph Martin Hurley, aged nine, his former partner Siobhán Lordan, of Innishannon, Co Cork, and his mother, Maura Hurley.

The defendants in the action were Reggie Roycroft of Clancoole House, Bandon, Co Cork, the owner of the land where the work was taking place, and Paula McGlinchy of Ballycatten, Ballinspittle, Co Cork, the motorist at the scene.