Judge ‘unimpressed’ by man’s €2,500 umbrella injury claim
The Irish Independent -June 28, 2016
A Dublin man, who claimed he was injured when an umbrella fell on him in a pub, has been awarded damages in the Circuit Civil Court for personal injuries.
Circuit Court President, Mr Justice Raymond Groarke, said he was not impressed with Barry Edgar’s account of his injuries and awarded him €2,500 damages.
Edgar (58) told the court that in May 2013, he had been sitting at the bar of The Carpenter Pub, Carpenterstown Road, Castleknock, Dublin, when a golf umbrella fell from the mezzanine floor above him, striking him on the shoulder.
Judge Groarke was told that a young man came down from the mezzanine level to pick up the umbrella. Edgar said a barman had followed the young man upstairs.
Edgar, of Castleknock Elms, Laurel Lodge, Castleknock, claimed he suffered pain in his shoulder for a number of weeks after the incident before visiting his GP, complaining of neck and shoulder pain.
He told Judge Groarke, that he was still suffering pain in his left shoulder. He sued Alpine Taverns Ltd, which trades as The Carpenter, of Terenure Place, Terenure, Dublin, for negligence.
Edgar claimed his accident had been foreseeable and a net should have been erected to prevent objects from falling from the mezzanine level onto the seating area below.
The pub denied liability and alleged it had been unaware of the accident until Edgar issued legal proceedings. It claimed that customers seated in the mezzanine area had a duty of reasonable care.
Judge Groarke said he was satisfied Mr Edgar had been struck by an umbrella left leaning against the balcony and which had fallen through a gap in the bannisters.
The judge said he was satisfied there was a design fault in the mezzanine area and Mr Edgar’s accident had been one waiting to happen.
“I am unimpressed with Mr Edgar’s account of his injuries and I am awarding him €2,500 damages with District Court costs with a certificate for counsel,” Judge Groarke said.
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