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Partner of drunk father whose car slid off a pier killing him and four family members SUES the local council after claiming slipway was 'an accident waiting to happen'

By Lara Keay and Steph Cockroft for MailOnline

Published: 17:03 EST, 25 November 2017 | Updated: 15:06 EST, 26 November 2017




The partner of a drunk father who drove off a pier killing himself, their two children, her mother and sister, is suing the local council over the tragedy.

Sean McGrotty, 49, was more than three times the legal drink-drive limit when his Audi Q7 jeep slid off the slipway in Buncrana, Donegal, plunging into the Lough Swilly in March last year.

With him in the 4x4 were his sons Mark, 11, Evan, eight, mother-in-law Ruth Daniels, 57, and her 14-year-old daughter Jodie-Lee Tracey, all of whom died.

On Wednesday an inquest concluded Mr McGrotty died by misadventure.

But it has now come to light his partner, Louise James, is suing Donegal County Council after claiming the slipway at the pier should have been closed to the public. Sean McGrotty (back left) and his sons Mark, 12, and Evan, eight (pictured front) died when the Audi they were in plunged off a pier and into the water. Their baby sister Rionaghac-Ann (pictured with their mother Louise James, who was not involved in the crash) survived. Ms James is now suing Donegal Council over their deaths despite an inquest's misadventure verdict

High Court proceedings were filed under her name on June 9 this year in relation to the fateful incident, reports the Irish Daily Star.

But legal experts are skeptical she will have a case, after this week's inquest at Donegal Coroner's Court revealed he was over three times the legal alcohol limit when he plunged to his death.

A lawyer told the newspaper: 'The fact that he, as the driver of the car which went over this pier, was three times over the drink drive limit, could play a significant part in deciding any civil court case.'

They added that any culpability the council may have would be severely reduced by Mr McGrotty's drink driving.

His and Ms James' four-month-old baby Rioghnach-Ann was the sole survivor after being rescued by a heroic bypasser, who swam to the sinking car.

MailOnline has contacted Donegal County Council for comment. Louise James (pictured) has filed High Court proceedings against Donegal County Council over the Buncrana pier tragedy in which her partner, two sons, sister and mother died Louise James (pictured centre) is pictured leaving the Lake of Shadows Hotel in Buncrana, where she said her heart was shattered by her family's deaths

Ms James said the pier was an 'accident waiting to happen' because there were no signs warning of the dangers of slipping and a gate designed to control crowds using a summer ferry service in the popular tourist spot was left open.

'My heart is shattered,' she said, as she described Mr McGrotty as a wonderful partner and adoring father and spoke of her 'disbelief, pain and anger'.

'He lived for them and it is clear from what this inquest has heard that in fact he died as he lived, in that he could have saved himself and chose not to,' she said.




'I firmly believe the slipway should have been closed to the general public or else proper warning signs displayed as it was an accident waiting to happen.

'Hopefully lessons will be learned and the recommendations made following this inquest will be implemented.'

The panel had been asked to deliberate on whether the deaths were accidental or a result of misadventure.

Misadventure means jurors believe there was risk associated with the events of the day and that somebody had done something to increase the chance of the event happening. Ms James (pictured), who was at a hen do in Liverpool when the tragedy took place, is pictured with her baby daughter who survived and son Evan, who passed away Ms James's mother Ruth Daniels, 57, (left) and Ms Daniels's teenage daughter Jodie-Lee Tracey, 14, (right) also died

Coroner Denis McCauley said the evidence suggested Mr McGrotty decided voluntarily to drive onto the slipway and added jurors knew what condition he was in.

A post-mortem examination also found his reading was 159ml per 100ml of blood. The legal limit is 50ml.

But the inquest heard that experts could not be certain how that level of alcohol would have impaired Mr McGrotty, because it would depend on whether he was 'habitual or accustomed' to that amount of drink.

There were also no signs at the slipway warning of the dangers of slipping. A gate designed to control crowds using a summer ferry service in the popular tourist spot was left open, the hearing was told.

Recording the verdict, the jury's foreman said: 'The finding was that death was due to drowning. Cause of death was death by misadventure.'

The spokesman also urged the Irish Water Safety promotional organisation to take a lead on advising and working with all other bodies on implementing best international practice for safety on all slipways and piers. The family died when the car slid off Buncrana Pier and into the waters of Lough Swilly in Donegal (pictured) on March 20 last year

He added: 'We hope that this can be implemented as quickly as possible in the light of the tragedy.'

Mr McCauley said the jury had handed the Irish safety authority a 'golden key' in its dealings with other agencies, to become the main agency in raising prevention issues.

He said he could not imagine what the victims' families were going through. 'It is a terrible thing, we can see that it is just unimaginable,' he said.

He said the response times of the emergency services were incredible.

'They did it with immense thought for the tragedy that did unfold.'

He paid particular tribute to Davitt Walsh, who managed to rescue the little girl from the sinking jeep.

He said: 'This was such a courageous act. He is an ordinary man who did an extraordinary thing which he should be commended.'

'I knew something wasn't right': Woman reveals moment she found out five members of her family had died

The bereft woman who lost her mother, partner, sister and two little boys in the Buncrana drowning tragedy told an inquest how she knew something was wrong the moment she got a phone call alerting her to the tragedy.

Louise James told the hearing that she had last seen her family on Friday, March 18, when her partner Sean McGrotty and the two boys had left her at a friend's house ahead of a hen weekend in Liverpool.

She was at the airport travelling back from the weekend when the incident took place.

Ms James told the inquest how minutes before the tragedy, she spoke on the phone with her tragic sister Jodi Lee who said the boys were playing in a playpark on the shorefront in Buncrana.

Half an hour later, she received a phonecall from her brother Joshua.

She told the hearing: 'I got a feeling something wasn't right.'

Joshua then told Ms James there had been an incident in Buncrana and that a car had gone into the water, but it was not clear who was in there.

Ms James said she had tried to contact both her partner and her sister but could not reach them.

When she landed in Belfast, she was informed that five members of her family had died.

She travelled to her home in Derry before going to Letterkenny University Hospital to see her surviving child and to identify the bodies of the rest of her family.

On the second day of the hearing, the coroner heard how the car doors could have been locked when the car hit the water.

RNLI crew member John O'Raw, who dived down to the vehicle when it was submerged three metres underwater, said in evidence that he had tried to reach the family, but could not open the doors of the car.

The experienced snorkeller - who reached the vehicle about 40 minutes about the first 999 call - told the hearing: 'The door handles were giving freely but not engaging with the locking mechanism.'

The rescuer also described how the driver's window was smashed but had bowed inwards, creating an obstacle as he tried to enter the vehicle.

He said the window was only a third of the way open, suggesting the electronics failed at some point due to the water.

Gerard Boyle, a technical expert representing Audi, added that the door would have been left in the same condition it was in when it hit the water - either locked or unlocked.

But he said that, in most circumstances, the door handle should have opened if used from the inside. The tragic brothers Mark, 11, (right) Evan (left), eight are pictured with their sister, who survived when her father passed her out of the car window to a hero who jumped in the water to try and save them all

Mr Boyle also said that, once the vehicle lost grip on the slippery algae, it would have been uncontrollable.

The hearing had previously heard how Mr McGrotty had managed to pass his four-month-old daughter through the window to Davitt Walsh - a bypasser who had swam out to the car - moments before it sank.

Evidence suggested Mr McGrotty had managed to smash the window with his elbow.

Mr Walsh had also tried to save one of the two boys, whose hand he managed to grasp, but had to let go when the boy's foot got caught and Mr Walsh feared he too would be dragged under the water.

It is not known which of the two boys he was trying to save.


A water safety expert has pleaded with people to buy cheap items which could save their lives if they become trapped under water in their cars.

Chief Executive Officer of Water Safety Ireland, John Leech, was speaking at the inquest into the loss of five lives in the Buncrana Pier tragedy.

Mr Leech, a naval officer for more than 20 years, gave a moving experience of how he has recovered many bodies in his career from both cars and fishing trawlers.

He showed those at the inquest some items which could be used to help people get our of their cars if they ended up under water, including seatbelt cutters and a centre-punch which could easily break a car window.

'These items are very inexpensive - I got some of them for as little as €10 - and they can save a life,' he said.

He also gave a step-by-step guide of what is recommended to people who become trapped in their cars.

He firstly advised people not to use their phones to contact the emergency services. Instead, people should free themselves from their seatbelts, then break a window and allow children to escape the vehicle first before the adults.

He added: 'People have to remember that cars float for a long time in the water and people should get out as quickly as possible and then they can hang onto the cars.

'It is an issue in Ireland and we have people drowning every year.' Hero: Mr Walsh was pictured cradling baby Rionaghac-Ann after he risked his life to save her

Witnesses had also described how the slipway was 'thick' with algae.

Garda Seamus Callaghan, one of the first officers at the scene, told how he had to get down on his hands and knees to stop himself slipping.


The algae-covered slipway was as 'slippery as ice' when a car slid into the water killing five members of the same family, the inquest heard.

There were also no barriers to prevent people from accessing the slipway, with no signs to warn of the potential danger.

The hearing into the Buncrana pier deaths also heard that a risk assessment had not been carried out for 15 years.

Lawyer Keith O'Grady told the hearing: 'In 2016 you have open access to a slipway covered in algae and in 2017 you have the slipway power-washed, cleaned, in excellent condition, and the gate closed and nobody can go down.'

He added that the cost of removing the algae would have been 400euroes.

John McLaughlin, a director at Donegal County Council, said the purpose of cleaning the slipway was to facilitate a ferry which used it during the summer but not in the winter.

He said during winter the slipway was rarely used.

He explained how he had arrived to see a woman being given CPR before the area was sealed off and the pier cleared to give the fatalities some dignity.

The priest blessed each member of the family as they were taken from the water, he told the hearing.

Garda Sergeant Mark Traynor, also described the algae as thick and slippy.

John McLaughlin, a director at Donegal County Council, admitted no signs had been installed warning the slipway could be slippery.

He said the pier was rarely used in winter and was usually only cleaned to facilitate the summer ferry.

During the hearing, a public safety expert who gave evidence urged drivers to carry equipment to break the car window and wanted information on escaping from water included in instruction manuals.

John Leech from the Irish Water Safety promotional body said those becalmed often had only a minute to take action like undoing seatbelts and rolling down windows before exiting safely.

Speaking after the inquest verdict, Inspector Murphy said: 'We truly hope the conclusion of the inquest will go some way to aiding the grieving process.

'Generations of a family have lost their lives, as we have heard in the course of this inquest.'

He said the tragedy has impacted on many communities including Buncrana, the Inishowen peninsula and around the country.



Partner of Buncrana drunk driver sues Donegal Council
