A WAITER who claims he hurt his back lifting trays is suing a hotel once owned by bankrupt billionaire Sean Quinn.
Robert Miloch says he cannot now lift his nine-month-old baby because of the injury sustained at the Slieve Russell in Ballyconnell, Co Cavan, two years ago when he was earning about €89 for about 10 hours work per week.
He gave his evidence in the High Court standing up because he said he gets a strong pain when he sits down.
He said he handled 10 to 40 breakfast trays a day.
Mr Miloch, originally from Poland, of Main Street, Ballyconnell, has sued Quinn Hotels Limited of Dublin Road, Cavan, and the Slieve Russell Hotel Ltd with offices at the same address. The defendants deny his claims.
He told the court he was squatting down to put a tray on to a trolley on April 11, 2010 when he heard a clicking sound in his back and got a pain.
He was later told to go home and he went to his doctor.
It is claimed he suffered back pain radiating down his leg and the pain has not improved despite physiotherapy.
He told Mr Justice Sean Ryan he had difficulty walking after the accident.
"I can't lift up my baby.
"I would love to to do it but I can't," he said, near to tears in court.
Mr Miloch said on his doctor's advice he has not been able to go back to work since the accident. He told the judge at one stage while working in the hotel he had not got any shifts for six months, which he thought was "as a revenge" after he had made a complaint against a manager.
Cross-examined by Hugh Mohan, Mr Miloch agreed he was involved in a road traffic accident in October 2010 when his vehicle was rear-ended and legal proceedings were taken over that. That was the only other accident in which he was involved in Ireland, he said.
Mr Mohan read a report from Mr Miloch's doctor in which the doctor referred to "paradoxical findings".
Counsel said that meant the doctor found it hard to understand how Mr Miloch could move in one position but not in another.
Mr Miloch said an MRI scan showed pressure of two discs on a nerve and that's why he feels pain. The case continues.