Man who fell 500ft from Ireland's highest mountain in Kerry settles case

The case against Pat Falvey (Irish and Worldwide Adventures Ltd) of Beaufort, Killarney Co. Kerry, was withdrawn

Mr Griffin was on a work team-building exercise in the MacGillycuddy’s Reeks mountain range in Co. Kerry when the accident happened five years ago. File photo

A man who suffered catastrophic injuries when he fell over 500 feet as he descended Carrauntoohil, the highest mountain in Ireland, has settled his High Court action.

After day-long talks the action by Barry Griffin (43) an engineering manager with Dublin Air Traffic Control against the Irish Aviation Authority was settled, Mr Justice Tony O'Connor was told late on Friday afternoon.

Mr Griffin's counsel Shane English BL also told the judge the case against the Kerry operator who organises team-building exercises, Pat Falvey (Irish and Worldwide Adventures Ltd) of Beaufort, Killarney Co. Kerry, was being withdrawn.

The terms of the settlement against the Irish Aviation Authority are confidential.

Mr Griffin, Carlton Court, Swords, Co. Dublin, was on a work team-building exercise in the MacGillycuddy’s Reeks mountain range in Co. Kerry when the accident happened five years ago.

It was claimed he impacted repeatedly with rocks as he fell and suffered life threatening injuries, was rendered tetraplegic and now has to use a wheelchair.

His action was against his employer the Irish Aviation Authority and he claimed he understood the team-building mountain trek to be compulsory. He had also sued the Kerry operator who organises team-building exercises, Pat Falvey (Irish and Worldwide Adventures Ltd) of Beaufort, Killarney Co Kerry. This case was withdrawn on Friday.

All the claims were denied and full defences had been filed in the case.

Mr Griffin’s counsel, Edward Walsh SC instructed by Stephen MacKenzie solicitors, at the outset of the case told the court the case was of critical importance to Mr Griffin and as many as 65 witnesses were scheduled to give evidence.

Mr Griffin had claimed in May 2013 he participated in a trip to Mount Brandon which was organised by his employer and he believed it was compulsory. The following year and in May 2015, he participated in trips to Carrauntoohil and he also believed them to be compulsory.

On April 25, 2016, he claimed he was informed by the Irish Aviation Authority that a fourth team-building trip had been organised and it was understood by him to be compulsory in the course of his employment. He has alleged the exact details of the exercise were not disclosed.

He claimed he was part of a very large group from the Irish Aviation Authority who participated in the team-building exercise on May 19, 2016, and they were required to climb to the summit of Carrauntoohil, followed by the ascent and descent of Cnoc na Tionne.

He claimed that after being directed and required to undertake a demanding mountaineering trek lasting several hours over challenging terrain, the group were allegedly instructed to descend the North West aspect of the North Eastern spur of Cnoc na Tionne, which he alleged was via a narrow unkempt and exposed route about 600 metres above sea level. 

He further claimed he fell about 574 feet down the face of the mountain onto his back and it was alleged he developed very significant gravitational momentum and was unable to control or stop his fall.

Against the Irish Aviation Authority he claimed a team-building exercise was organised when it ought to have known it was allegedly dangerous and there was an alleged failure to have regard for the level of expertise required to successfully or safely trek Carrauntoohil and Cnoc na Tionne.

He had further claimed he was allegedly allowed to form an impression or to believe he was under an obligation to attend or participate in the exercise.

The claims were denied.