A woman who lost her partner and five-year-old daughter in the Creeslough explosion in Co Donegal has launched three High Court actions, the first cases arising from the tragedy to be heard by the High Court over the impact on families left behind. Aine Flanagan's partner of eight years, Robert Garwe, and their daughter Shauna died in the explosion in the village on October 7, 2022, which killed ten people.
Ms Flanagan has sued for nervous shock and on behalf of the Flanagan and Garwe families. Her counsel, Damien Keaney SC instructed by Ferrys Solicitors, asked the court to set a date for the assessment of damages against three parties. Ms Flanagan, who lives not far from the explosion site, has sued nine parties in total, and previously secured judgement in default of appearance against three of them: Vivo Shell Ltd, which supplies petrol and gas products, and Daniel and Annette Lafferty, owners of the premises that included the Applegreen petrol station, Lafferty's Supermarket and apartments where the explosion occurred. An application may be made by those three defendants to have the judgements set aside when the matter returns to court next month.S1
In her nervous shock claim, Ms Flanagan says she was celebrating her birthday on the day, and that Robert and Shauna were very happy as they went to the shop. She was in her kitchen when she heard a loud and extensive explosion and feared something had happened to them. She is said to have suffered extreme shock on visiting the scene of devastation and having her worst fears confirmed, and she is continually reminded of her loss and trauma. Robert and Shauna were among the last victims to be found.S1
Among the other parties sued are Duntally Woods Apartments Owners Management Company, Applegreen Ltd and the Commission for Regulation of Utilities. The claims allege a failure to ensure the premises were safe for members of the public. Mr Justice Paul Coffey set a date in early December for the Flanagan cases, after being told the assessment of damages hearing would take about one and a half hours. Families and relatives of those killed and injured have already filed more than 20 mainly personal injury and nervous shock actions, due to come before the High Court next year.S1
