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A family in Limerick who claimed to have respiratory problems due to an alleged leakage of heating oil to another property in his subdivision settled five different actions in the High Court.
The family who lived in The Meadows subdivision in Murroe, Limerick County, filed a lawsuit for breathing the vapors of an oil spill that would have entered their property for an extended period.
They settled for a total of about six figures.
Judge Bronagh O. Hanlon was informed that the parents of Graham and Jean French, now living elsewhere in Co Limerick County, had been settled confidentially.
The judge approved regulations totaling 140,000 euros for the three French children Frederick (11 years old), Oliver (10 years old) and Hannah (8 years old).
Senior family lawyer Michael J McMahon SC told the court that the eldest child, Frederick, four years old at the time, had "a miserable time" and had even suffered a partial collapse of the lungs.
He said that the French family settled in the Meadows area in 2006 and noticed in March 2011 a smell of oil in their homes and gardens.
They left home and later realized that their children had suffered from an excessive number of respiratory problems for four or five years.
The smell in 2011 The lawyer said it was very excessive and that the French family had left in June 2011.
That was their case, he said that there had been an oil spill from the other property and that the leak, according to them, lasted a very long time.
The lawyer said that Frederick, born in 2007, had gone through a miserable period and that he had a lot of breathing problems. At one point, the doctors thought that he was perhaps suffering from tuberculosis.
The lawyer said he suffered a partial collapse of the lungs and when the family left home in June 2011, Fredrick's health had improved immediately.
A lawyer said that the French family had since sold the house and built their own house in Limerick.
Graham and Jean French along with their children sued David Rice and Louise Murphy, owners of another home on The Meadows, Murroe, Co Limerick.
On March 10, 2011, oil, kerosene and hydrocarbons would have been allowed to run off the oil tank or boiler and heating equipment located on the Rice / Murphy property. and to infiltrate the French property through drainage pipes. and follow the natural fall of the soil between the properties.
It has been claimed that the oil would have contaminated the soil and groundwater around the French property and under their foundations and their backyard garden.
They claimed they had been breathing odors for a long time and would have been injured.
An alleged nuisance would have been created, according to which hydrocarbons would escape on the French good.
The requests were refused.
Approving By-Laws Judge Bronagh O. Hanlon said that she appreciated the fact that the family had suffered a great deal, but said that "things were improving now".
She wished the best of luck to the French family in the future.
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