Jeweller who broke ankle on stairs of Residence Club gets €95k , Dublin
Published 25/01/2014 | 02:30
A MAN who broke his ankle when he fell on a stairway at a luxury private members' club has been awarded €95,000 by the High Court.
Jeweller Michael McHale (49) was leaving the Piano Bar on the Residence Club's second floor in St Stephen's Green in Dublin when he slipped on a step of the staircase.
He had been out earlier at a ball and had gone with friends to the club for a drink.
The court heard Mr McHale, who had joined the Residence the year before, was off work for four months and had to have an operation on the fractured ankle.
He also had to return to hospital when there was a concern that his injury may be infected.
Mr McHale, of Riverside House, Chapelizod Road, Islandbridge, Dublin, had sued Missford Ltd, (in receivership) with offices at Fitzwilliam Place, Dublin, proprietor of the Residence Members Club, as a result of the accident on December 5, 2009.
He had sued for negligence and breach of duty and said there had been a failure to highlight the hazard caused by the staircase.
He alleged the carpet had been fitted to the stairs which was unsafe in the circumstances.
The case was before the court for assessment of damages only as judgment had been obtained against Missford in default of appearance two years ago.
Mr McHale said he was disabled for four months after the accident and was not able to exercise, which was always part of his daily routine.
He said at one stage for two weeks he had excruciating pain.
Ms Justice Mary Irvine said Mr McHale had suffered two significant injuries to his right leg and a metal plate had to be inserted.
He was completely disabled for many months and suffered a lot of pain and discomfort, she said. "He is not out of the woods yet," the judge said as Mr McHale may have to undergo further surgery to remove a metal plate in his leg.
She said he made little of his injuries but he suffers swelling still and there was significant scarring in the ankle area.
She awarded €65,000 damages for pain and suffering to date and a further €30,000 for pain and suffering in to the future.