TD drops claim woman allegedly injured in restaurant was drunk
TAX-cheat TD Mick Wallace has publicly withdrawn an allegation that a woman, who claims to have fallen in a restaurant he is associated with, was drunk at the time.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 yesterday 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".
Neither Mr Wallace nor Ms Mullan were in court. Mr Martyn, representing 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.
Mr Wallace is a director of the company that runs the restaurant, but says he is not the owner of the premises.
Ms Mullan, 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.
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.
Mr Martyn said Dockry Solicitors for Ms Mullan, had called on both defendants to "verify on oath" the allegations or face applications to have their defences struck out.
He told Ms Ryan that affidavits of verification on behalf of the company and Mr Wallace had now been sworn, in which the claims of intoxication had been withdrawn.
In his affidavit, Mr Wallace claimed he was "a stranger" to Ms Mullan's action in that he was neither owner or occupier of the premises.
"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 said.
He said assertions in his defence, other than the plea of contributory negligence through intoxication, still stood.
Mr Wallace's son Sasha, of Clontarf Road, Dublin 3, had sworn an affidavit of verification in which the allegation of intoxication had been withdrawn.
The case will now go to trial.