Mum claimed her ribs were broken at Ann Summers party after she and pal burst balloons between their bodies
A 44-year-old mother of two, who claimed she broke one of her ribs when she was knocked down at an Ann Summers lingerie party, has lost a €38,000 damages claim against the pub where the party was held.
Sylvia Deehan, of Maple Avenue, Ballybrack, Dublin, alleged she had been pushed by another woman who was striving to grab one of a number of gifts tossed in the air by an Ann Summers representative in The Lough Inn pub at Loughlinstown, Co Dublin.
She told Judge Jacqueline Linnane in the Circuit Civil Court that just prior to a strip show she and a friend, Kim Kane, had been bursting balloons between their bodies and, although they won the game, the Ann Summers lady decided to throw gifts towards both of them as well as runners up.
Ms Deehan said she had been shoved aside and had fallen against the leg of a loud speaker, breaking one rib and injuring several others. She had been in agony afterwards and wanted her friend, Kim, to stay and enjoy the rest of the show. She texted her sister to collect her and bring her to hospital. She had spent a fortnight in bed because of her injuries.
Barrister Conor Kearney told her it seemed very odd that none of the staff had seen her fall and that she had not reported it to anyone. She denied she had been asked to leave the party because she had become over boisterous.
Pub manager Leigh Murphy, daughter of the pub owner Christy Murphy, told Mr Kearney she had viewed CCTV video evidence of the evening and nowhere could she see Ms Deehan fall. Unfortunately cctv evidence of the night had been copied over.
Ms Murphy said she had visited the home of Ms Deehan’s friend, Kim Kane, to take a signed statement from her. In it Ms Kane said she had not seen her friend fall. Ms Kane had later wanted to retract the statement. She had not pressurised her into making it.
Kim Kane told the court she made the statement because her now ex-husband had pressurised her not to become involved in Ms Deehan’s claim because he feared he would be barred from the pub, his local. While she was not allowed to retract it she had seen Ms Deehan fall at the party.
Judge Linnane, dismissing Ms Deehan’s claim with costs against her, said there had been a direct conflict of evidence between witnesses for both parties. Ms Kane had said in her statement she had not seen Ms Deehan fall but had stated in evidence in court that she had.
The judge said she preferred the evidence of witnesses for the publican who had claimed Ms Deehan had been boisterous and had been asked to leave the party.