THE FAMILY of a student nurse who fell to her death while on holiday in Turkey have settled their High Court action against the tour operator and the owners of the building where she died.
Mary Katherine Linnane (20) was on her first holiday abroad when she fell through the window of a fifth-floor apartment in a holiday complex in Kusadasi, Turkey, on July 22nd, 2008.
Her father Martin Linnane, of Derrynameel, Barnatra, Belmullet, Co Mayo had, on behalf of the family, sued tour operator Budget Travel Ltd (in liquidation), Lower Baggot Street, Dublin 2, and Vahap Donertas, owner and operator of Happy Apartments, Kadinlar Denizi, Kusadasi.
Yesterday, Mr Justice John Quirke was told the action had been settled. It was claimed Ms Linnane’s death was caused by the defendants’ negligence. Budget Travel had admitted liability and the settlement was against it only, the court was told.
As part of the settlement the family is to receive
€25,000, the maximum payment in cases where wrongful death is alleged under the 1961 Civil Liabilities Act. No other details of the settlement were revealed in court.
Ms Linnane’s parents Martin and Kathleen, sisters Sharon, Pauline, Bernadette, Sarah and brother Brendan had sued for damage and mental distress arising out of her death which, they claimed, was caused by the defendants.
After the settlement, Fergus Gallagher, solicitor for the Linnane family, said they were pleased Budget Travel had admitted liability and the case was over.
The court heard Ms Linnane fell to her death at about 5am on the second day of her holiday. She had slept in her bed by the window for some hours before that.
It was claimed the defendants were negligent on a number of grounds. These included a claim that they exposed Ms Linnane to a risk of injury of which they knew or ought to have known. It was alleged the window represented a danger because it was low down and a safety chain to restrict its opening was broken.
It was claimed there was failure to comply with safety requirements in regards to the location and safe operation of windows.