TAX cheat TD Mick Wallace has publicly withdrawn an allegation that a woman, who claims to have fallen in a restaurant he is associated with, was drunk at the time.
Barrister Brendan Martyn told the County Registrar’s Court today that Mr Wallace had stated in a defence document that Caroline Mullan was “intoxicated to such an extent she was no longer capable of…..having any adequate regard for her own safety.”
Mr Martyn, who appears with Damien Keaney for Ms Mullan, a scientific officer, said she alleged she had been injured in May 2008 when she fell in the Enoteca Torino Restaurant at Grattan Crescent, Inchicore, Dublin.
Ms Mullan, a medical laboratory worker, of Glenmalure Park, Rialto, Dublin, has sued the TD and Wallace Calcio Limited, trading as Enoteca Torina Restaurant, for €38,000 damages in the Circuit Civil Court.
Mr Martyn told County Registrar Susan Ryan his client claimed to have been sitting on a chair in the outdoors area of Enoteca Torina when, having moved it, she fell down three steps injuring her neck, back and shoulder.
He said Mr Wallace, whose address was given as Lower Ormond Quay, Dublin, and the restaurant company, had entered defence documents. In them they alleged Ms Mullan had become so intoxicated she was no longer capable of paying due care and attention or having any adequate regard for her own safety.
Mr Martyn said Dockry Solicitors for Ms Mullan, had called on both defendants to “verify on oath” the allegations of contributory negligence by way of their client’s alleged intoxicated state or face applications to have their defences struck out by the County Registrar.
He told Ms Ryan that affidavits of verification on behalf of the company and Mr Wallace had now been sworn and in which the claims of intoxication had been withdrawn.
In his affidavit Wallace claimed he was “a stranger” to Ms Mullan’s action in that he was neither the owner or occupier of the premises on which the accident was alleged to have happened.
“However I have an interest in the first named defendant company (Wallace Calcio Limited) and I have been advised by employees of that company in relation to the subject matters of this claim,” Mr Wallace stated.
He said assertions and allegations in his defence, other than the plea of contributory negligence through intoxication, still stood.
Sasha Wallace, of (No 13) Clontarf Road, Dublin 3, had similarly sworn an affidavit of verification in which the allegation of intoxication against Ms Mullan had been withdrawn.
Both defendants stated they were aware it was an offence to make a statement in an affidavit that was false or misleading or that they knew to be false or misleading.
Mr Martin told the County Registrar the application to strike out both defence documents and proceed to an assessment of damages was being withdrawn by Ms Mullan. The case will now be put down for trial.