Father of dead student nurse secures injunction

Father of dead student nurse seeks preservation of balcony and window


Anton McNulty

A HIGH Court judge has granted the father of Barnatra student nurse Mary Linnane – who died in a fall from an apartment balcony in the Turkish holiday resort of Kusadasi two weeks ago – short service of injunction proceedings against the travel company Budget Travel.
Mr Martin Linnane is to ask the High Court to direct Budget Travel Ltd to preserve and allow inspection of the window and balcony of the apartment building where his daughter fell. Last week, Mr Robert Beatty, counsel for Mr Linnane, told Ms Justice Mary Irvine the travel company had claimed it was unable to give an undertaking to preserve the scene of the accident because it did not own the hotel.
Ms Linnane (20), a student nurse at DCU, had travelled to the popular resort with friends from the Erris area, and died in the early hours of July 22 after suffering a fatal fall at the apartment complex. The news of her death sent shock-waves throughout the Erris community, with large crowds attending her funeral Mass.
Mr Beatty told the High Court last Friday that Aoife O’Neill, of Fitzpatrick Gallagher McEvoy Solicitors, had written to Budget Travel, its insurers AON, the apartment complex owner Vahap Donertas and his insurance broker, Mihrac Turkoz, seeking undertakings to preserve the scene.
He said Ms O’Neill, in an affidavit, said AON had confirmed it was handling the matter on behalf of Budget Travel Ltd but was unable to comment on liability and was not in a position to facilitate an inspection.
Ms O’Neill had received a letter on August 6 from Gore Grimes Solicitors stating Budget Travel was not in a position to give an undertaking regarding preservation of the accident scene as it did not own the accommodation. Gore Grimes had provided contact details of the owner of the apartment complex in Kusadasi and his insurers. They stated that the accident was still under investigation by the Public Prosecution Office in Turkey.
Mr Beatty said that Mr Linnane’s solicitors were concerned the external window apparatus and the balcony would not be preserved for inspection by experts.
The court granted Mr Linnane, who is representing the estate of his deceased daughter, short service of injunctive proceedings on Budget Travel.
Yesterday (Monday), Mr Linnane told The Mayo News that he did not wish to comment on the proceedings for the time being.