Sunday 22 October 2017

Pensioner forced to give up cycling after sun lounger fall awarded €13,400

'Our young Swiss rider Tom Bohli took a lot of risks to finish eighth on the stage but Tejay slid out on the first corner before he even got a chance to get going.' (Stock image)
'Our young Swiss rider Tom Bohli took a lot of risks to finish eighth on the stage but Tejay slid out on the first corner before he even got a chance to get going.' (Stock image)

Ray Managh

A 67-year-old Co Tipperary man, who told a judge today Wednesday that he had to give up cycling after falling off a sun lounger, has been awarded damages in the Circuit Civil Court.

“I was no Sean Kelly but I enjoyed it and having to give up cycling had the biggest impact on my life as a result of the accident,” Frank O’Reilly, a pensioner, told the court.

Mr O’Reilly told his barrister Barney Quirke that on 26th June 2012 he was lying on a reclining sun lounger at his home in Kickham Park, Clonmel, when the lounger, which he had bought in the local Argos store, collapsed.

Mr Quirke, who appeared with Tiernan And Co., Solicitors, told Circuit Court President, Mr Justice Raymond Groarke, that liability had been conceded in the case and the hearing was to assess damages.

O’Reilly said the lounger had disintegrated under him and he had fallen to the ground injuring his left knee and lower back.  His back had recovered quite quickly but his knee had turned out to be more problematic.

He had attempted to continue cycling but eventually had to give it up and “never got back on the bike.”  He said he used to participate in charity runs and in the annual Sean Kelly 50k run.

Mr O’Reilly told barrister John Kerr, counsel for Argos, that he had not gone to see his doctor for more than two weeks after his fall and that a nuber of visits he made to his GP was in connection with other health problems.

He had been referred to a specialist who had an MRI scan carried out on his knee and who later performed an operation to “clear out a lot of debris” from his knee.

He told Mr Kerr, who appeared with Johnsons Solicitors, that he never took pain killing tablets.  He refused to accept that this was an indication his injury had been “low level” and “just a discomfort.”

Mr Kerr said Mr O’Reilly’s medical experts had suggested his injury was one that would clear up within a period of three months.

Judge Groarke, awarding O’Reilly €13,400 damages, said he had pre-accident non-symptomatic wear and tear damage to his knee and because of this was a poor candidate for the type of injury he sustained.

He said Mr O’Reilly felt that all of his ongoing difficulties were related to the accident but, regrettably, there was no medical evidence to support his contention.

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