Man claims he slipped and fractured foot at upmarket Dublin restaurant
A MAN claims he fell on a wet stairs and fractured his foot as he returned to a restaurant after a cigarette break, the High Court heard.
A judge has been asked to decide who is responsible for the fall on the stairs at Fallon and Byrne, Exchequer Street, Dublin.
If telecom consultant John Reilly is fully successful in his claim that he fell on wet steps, damages have already been calculated in the case at €51,375, Mr Justice Michael Moriarty was told.
Mr Reilly (49), of Granitefield, Dun Laoghaire, Dublin, has sued Fallon and Byrne as a result of the fall on February 19, 2011.
Mr Reilly has claimed the defendant failed to provide any grip on the steps of the stairs leading up to its 120 seat restaurant.
Fallon and Byrne denies all claims and says the stairs were not wet. It was Mr Reilly's own misjudgment which caused his fall, it says.
It also contended there was contributory negligence as he had been "skipping" up two steps at the time of the accident.
The father of two told the court he had gone to the restaurant with his wife and a number of friends for a meal. He said it was a dirty wet night and it had been raining that day.
Shortly before midnight he went out the front of the building for a cigarette break and was making his way back to the restaurant upstairs when the accident happened.
He said he was half way up the stairs when he felt his foot slipping. He said he fell forward and his left foot also got caught in the gap between the steps.
"A split second later I was in agonising pain," he said.
He added: "The steps were damp and wet and slippy; that is the basis of what went wrong here."
Cross examined Joesph McGettigan SC, Mr Reilly accepted that it was the third time he had been on the stairs that night and he had gone out earlier for a cigarette break.
Counsel suggested he had been taking two steps at a time and it was his own misjudgment which caused the accident.
Mr Reilly said he did not think so and the steps were wet.
Counsel put it to Mr Reilly that if he had gone one step at a time the accident would not have happened and the cause was his own misjudgment. Mr Reilly said he did not accept that.
Mr Justice Michael Moriarty will give judgment tomorrow.