Friday 22 September 2017

Musician who fell into moat relieving himself loses €60,000 case

Judge Jacqueline Linnane said in her view, Philippe Clark had been negligent. Stock picture
Judge Jacqueline Linnane said in her view, Philippe Clark had been negligent. Stock picture

Saurya Cherfi

A musician who claimed he injured his shoulder when he fell into a moat when exiting a Martello tower to "relieve himself", has lost a €60,000 damages claim in the Circuit Civil Court.

Judge Jacqueline Linnane said in her view, Philippe Clark (56), of Potterath House, Kilmanagh, Co Kilkenny, had failed to prove Niall O'Donoghue, owner of the tower at No 7, Killiney, had been negligent.

The judge said that on the night of March 12, 2014, Mr Clark had been rehearsing with fellow musicians when he decided to take a break to relieve himself. Instead of using the restroom which he was directed to, he decided to relieve himself in the garden and admire the view.

He claimed he had been walking on the grass when his left foot suddenly "fell" into the one-metre-deep moat. He said he felt a crack in the groin area and injured his left shoulder.

The judge said Mr Clark told a doctor who examined him on behalf of Mr O'Donoghue that his injuries meant he had been unable to play gigs for a year. "In fact, Mr Clark did a gig the following day, then participated in a video recording and another gig in May 2014," Judge Linnane said.

She said pictures taken from the video showed him playing bongo drums and jumping on a trampoline and he had not appeared to have any problem whatsoever with his arm.

Judge Linnane said she was satisfied after hearing evidence from forensic engineer Pat Culleton, on behalf of Mr O'Donoghue, that the moat was visible in the available light. She dismissed Clark's claim and awarded legal costs against him.

Irish Independent

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