Friday 23 August 2019

Waiter (71) sues over slip in restaurant 10 years ago

Maurice Durnin says he has suffered pain after twisting his ankle
Maurice Durnin says he has suffered pain after twisting his ankle

Tim Healy

A waiter who allegedly slipped and twisted his ankle on a bar floor 10 years ago has sued in the High Court.

Maurice Durnin has claimed the accident at a Co Clare bar and restaurant has left him suffering from chronic regional pain syndrome.

Opening the case, Michael F Collins SC said Mr Durnin, who is now aged 71, has had to have a number of pain injections, procedures and to have a spinal chord stimulator fitted since the accident.

He twisted his ankle as he worked at Cogan's Bar and Restaurant in Milltown Malbay, Co Clare, in 2009, counsel said. He has "been put through the grinder", counsel added.

Ms Justice Bronagh O'Hanlon adjourned the case early after Mr Durnin broke down in court as he told how he had enjoyed his work and he cannot now enjoy his retirement.

The judge said it all seemed "an extraordinary situation from what appears to have been a simple twisting of the ankle".

The judge realised it was very difficult for Mr Durnin.

Mr Durnin, of Banteer, Co Cork, has sued James Cogan, the owner of Cogan's, as a result of the accident on March 3, 2009, when he was working as a waiter. He has claimed he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers.

He has claimed there was a failure to ensure the floor was in a safe condition. He has further claimed he is now disabled in certain day-to-day activities. All the claims are denied.

The Cogan side has contended there was alleged negligence on the part of Mr Durnin who, it is claimed, did not look where he was walking. It is further alleged if the floor was wet, which is not admitted, Mr Durnin had failed to clean up and dry it in an appropriate manner.

In evidence, Mr Durnin said he slipped when he was serving breakfast but continued working.

He later had to go to a doctor and was referred to hospital and given crutches. The case continues.

Irish Independent

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