Secret footage shows man who claimed he suffered 'life changing injuries' after hotel window fall 'shopping and driving'
Published 21/07/2015 | 19:10
The owners of a hotel being sued by a man who claims he fell out one of its bedroom windows due to the lack of a proper safety mechanism say the case should be dismissed.
Jason Platt, from Liverpool, who was on a St Valentine's break with his partner, claims he suffered life changing injuries as a result of the fall from the third floor of the Old Bank House, Kinsale, Co Cork, on February 15, 2009.
It is claimed Mr Platt had said he can't live independently following the accident but video footage taken over nine days shows him going to the shops and driving his car.
Mr Justice Bernard Barton, who has already heard seven days of evidence, was asked to dismiss the case.
The hotel contends some of the claims made by Mr Platt were "false and misleading".
After hearing submissions from both sides in the case, Mr Justice Barton reserved his decision.
In his action, Mr Platt said he fell out the window as he attempted to flick ash from a cigarette through it.
The hotel owners claimed he threw himself from the window of his guestroom following a heated argument with his partner Christine McKenna.
He sued OBH Luxury Accommodation Ltd with offices at Pearse Street, Kinsale and company director Ciaran Fitzgerald as a result of the accident.
He has claimed there was a failure to provide him with a safe hotel room and an alleged failure to have appropriate restraining mechanisms or safety bars fitted to the hotel windows.
John Lucey SC, for the hotel owners, said it was clear from the video footage that Mr Platt drove, shopped and was out of the house daily, even to purchase marijuana.
The video evidence, counsel said, contradicted Mr Platt's evidence about being housebound.
Mr Platt's lack of recollection in court was "a charade which was part of his intent to mislead the court," he said.
"The video evidence showed Mr Platt could do a lot of things he said he could not," counsel added.
Michael Byrne SC, for Mr Platt, said his client fell out the hotel bedroom window and this should not have happened.