High Court hears first cases in relation to impact of Creeslough explosion

A woman who lost her partner and five-year-old daughter in the Creeslough explosion in Co Donegal has launched three High Court actions.Áine Flanagan’s cases are the first to be heard by the High Court in relation to the impact of the tragedy on the families left behind.Ten people lost their lives in the tragedy in the Co Donegal village on October 7th, 2022.Flanagan, whose partner Robert Garwe died along with their daughter Shauna, has sued for nervous shock and also on behalf of the Flanagan and Garwe families, over their deaths in the explosion.READ MOREThis week, Damien Keaney, counsel for Flanagan instructed by Ferrys Solicitors, asked the court to set a date for the assessment of damages against three parties.Flanagan sued nine different parties and previously secured judgment in default of appearance against three defendants: Vivo Shell Ltd with offices at Creeslough, Co Donegal, which supplies petrol and gas products, and Daniel and Annette Lafferty of Main Street, Creeslough, who were the owners of the premises where the explosion occurred.Judge Paul Coffey set a date in early December for the assessment of damages hearing against the three defendants.It is understood that when the matter comes before the High Court next month, an application may be made by those defendants to have the judgments against them set aside. Áine Flanagan in Dublin following a meeting with Minister for Justice Jim O'Callaghan in April. Photograph: Nick Bradshaw/The Irish Times Families and relatives of those killed and injured in the tragedy have already filed multiple lawsuits, with over 20 actions to come before the High Court next year.In her claim for nervous shock, Flanagan said that on the day of the explosion, she was in her kitchen when she heard a loud and extensive explosion. She said Robert had gone to the shop with Shauna, and said she had a great fear and shock that something had happened to them.She suffered extreme shock upon having her worst fears confirmed when she visited the site, and it was confirmed that her partner and her daughter had died, it is claimed. It is also claimed Flanagan is continually reminded of her loss and trauma.Among the other parties sued by Flanagan are Duntally Woods Apartments Owners Management Company, Applegreen Ltd and the Commission for Regulation of Utilities.Flanagan's partner Robert Garwe and their daughter Shauna. Photograph: rip.ie In the proceedings it is claimed there was an alleged failure to ensure the premises known as Applegreen Petrol Station/Lafferty Supermarket and apartments at Creeslough was safe for use by members of the public.It is also claimed there was an alleged failure to ensure that the premises were not a danger or a trap to those using them and there was an alleged failure to ensure, by periodic test, that there was no danger of an explosion on the premises.It is further claimed there was an alleged failure to ensure that any works carried out on the premises had been done so correctly in accordance with relevant regulations and best practice; that there was an alleged failure to ensure that any gas or any such connections or installations or otherwise to the premises were maintained properly, were repaired properly and were not and had not become an alleged danger to members of the public using the premises.All of the claims are denied.