Family of Tipperary man who died after stand-off and arrest settle case for over €100k

John Nevin who had barricaded himself in to a house in Co Tipperary was taken in to custody by gardai but later became unwell at the station

The family of a 39-year-old father-of-three who died after being arrested 10 years ago has settled a High Court action for a total of €117,000.

John Nevin who had barricaded himself in to a house in Co Tipperary was taken in to custody by gardai but later became unwell and was taken to hospital where he was pronounced dead.

Approving the settlement in the High Court today, Mr Justice Garrett Simons said it was a very tragic case arising out of a very sad set of circumstances, where Mr Nevin had unfortunately taken a very dangerous concoction of alcohol and anti-depressant medication.

Counsel for the Nevin family, John O’Donnell SC told the court Mr Nevin had barricaded himself into the bedroom of his house at Templetuohy Co Tipperary on April 24, 2010 and was arrested after a four-hour stand-off.

He said there were significant difficulties with liability in the case and the inquest into Mr Nevin’s death made clear the cause of death was not as a result of the arrested man being in the garda car or in custody at the station.

The State pathologist concluded the cause of death was acute alcohol and citalopram intoxication.

Mr Nevin’s widow, Margaret Nevin, Dalton Park Mullingar, Co Westmeath and his father John Nevin Snr, Mountfing, Urlingford, Co Kilkenny had taken proceedings on behalf of the Nevin family against the Garda Commissioner and the State in relation to Mr Nevin’s death.

It was claimed there was alleged negligence in allegedly failing to secure the attendance at the scene of a suitably qualified person know to the deceased and alleged failure to honour an agreement reached by garda negotiators thereby reducing the possibility of a peaceful resolution at the house.

It was claimed that Mr Nevin had been brought to the garda station instead of directly to hospital and there was an alleged failure to summons appropriate medical assistance in a timely manner

Liability was denied in full and it was claimed by the gardai and the State that all reasonable care had been taken in the circumstances.

It was further contended the death of Mr Nevin was due to acute alcohol and Citalopram intoxication.