Posted: December 6th, 2018
A bar manager from Limerick, Colin McNamara, has been awarded in excess of €80,000 personal injury compensation at the High Court in relation to a claim he submitted for an accident that occurred at Copper Face Jacks Nightclub.
Mr McNamara broke his ankle in a wet floor slip at the Dublin venue resulting in a double fracture to the joint on October 9, 2015. He was in the Dublin nightclub as part of a visit to the capital for a Republic of Ireland soccer match at the Aviva Stadium in 2015.
Now 36 years old, Mr McNamara, with an address at Sycamore Avenue, Rathbane, Co Limerick had taken the disco accident compensation action against Breanagh Catering Ltd and the proprietors of Copper Face Jacks at Harcourt Street, Dublin, in relation to the injuries he suffered in the accident. Mr McNamara told the Court that he slipped on a floor which was wet and represented a slipping hazard to patrons. He said: “the wet floor caused me to slip and fall. I turned to walk but I ended up on the floor.”
He alleged that there were no attempts to implement any proper steps to clean and dry the floor surface before the accident took place. Along with this he told the court that the floor had been left in a wet and slippy condition which was a serious danger to patrons.
The defendants in the nightclub injury compensation action denied these claims. Mr Justice Hanna advised the High Court that he had been provided with an order of the court giving judgment against the defendant. As a result of this issues of liability were not before the court. As attempts to resolve the case were unsuccessful the defendant opted not intervene in court to fight the medical evidence, as was their right, but instead chose to use a legal cost accountant to settle the case.
Mr McNamara told the High Court Judge that security employees came and picked him up from the ground and brought him out to a back alley where another employee looked at his leg and ankle before telling him that it was not broken. The security staff told him that they were not in a position to call for an ambulance. Mr McNamara told the Court that he “hobbled away” and returned to his hotel by taxi. As he was still suffering from a major amount of pain upon his return to Limerick, Mr McNamara went to hospital where he was advised that he had fractured his ankle in two different places. Following surgery and had to use crutches for a period of time also.
At the High Court Mr Justice Michael Hanna said that Mr McNamara has suffered a serious and significant injury when also considering the fact that works as a bar manager and would need to be on his feet most of the time. He added that Mr McNamara was unable to work for five months due to the surgery. He, Justice Hanna, said that the correct figure of personal injury compensation was €80,000 and another €7,116 ‘special damages’ to pay for medical and other expenses.