Monday 18 December 2017

Pensioner who fell off faulty sun lounger is awarded €13,400

Knee damage: Frank O’Reilly Picture: Courtpix
Knee damage: Frank O’Reilly Picture: Courtpix

Ray Managh

A 67-year-old man has been awarded damages after he told a judge he had to give up cycling after falling off a sun lounger and injuring himself.

Pensioner Frank O'Reilly, of Clonmel, Co Tipperary, told his barrister Barney Quirke that on June 26, 2012, he was lying on a reclining sun lounger at his home when the piece of furniture, which he had bought in the local Argos store, collapsed.

Mr Quirke told Circuit Court President Mr Justice Raymond Groarke that liability had been conceded in the case and the hearing was to assess damages.

"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," Mr O'Reilly said of the impact of the incident.

Mr 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 tried to continue cycling but eventually had to give it up and "never got back on the bike".

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 number 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.

Judge Groarke, awarding Mr 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.

Irish Independent

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