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Dart-fall man loses battle over amputated leg

A MAN whose foot slipped into a gap between a moving train and a platform, resulting in the loss of part of his leg, has lost a High Court action for damages.

Tim O'Neill (26) had just got off a Dart and was walking along the platform as the train pulled off when his left foot slipped into a gap, causing severe injuries to his leg which had to be later amputated below the knee.

He fell onto the train tracks as the Dart left the station and was only able to get up with the assistance of friends.

A judge dismissed his claim for damages saying what happened could only be explained by his carelessness and lack of attention, which may have been contributed to by alcohol consumption.

Mr O'Neill (26), a former kitchen porter, of Woodbine Close, Raheny, Dublin, had got off the Dart at Killester with a group of his friends at around 10.30pm at Halloween, 2002, when the accident occurred.

He sued Iarnrod Eireann alleging negligence by failing to warn passengers about the presence of a wide gap between the train and the platform. He also alleged that warning signs about the platform gap were inadequate, there were no audible warnings to passengers, and that the station was poorly lit.

Iarnrod Eireann denied the claims and also pleaded contributory negligence saying Mr O'Neill, who admitted drinking five cans of lager on the night, was the author of his own misfortune.

hnews@herald.ie