Man who fractured foot in restaurant may receive €51,000
a MAN has claimed he fell on wet stairs and fractured his foot as he returned to a restaurant after a cigarette break, the High Court heard.
A judge has been asked to decide who is responsible for the fall at Fallon and Byrne in Dublin's Exchequer Street.
If telecom consultant John Reilly is successful in his claim that he fell on wet steps, damages have already been calculated in the case at €51,375, Mr Justice Michael Moriarty was told.
Mr Reilly (49), of Granitefield, Dun Laoghaire, has sued Fallon and Byrne as a result of the fall on February 19, 2011.
He has claimed the defendant failed to provide any grip on the steps of the staircase leading up to its 120 seat restaurant.
Fallon and Byrne denies all claims. It was Mr Reilly's own misjudgment that caused his fall, it says.
It also contended there was contributory negligence as he had been "skipping" up two steps at the time of the accident.
The father of two told the court he had gone to the restaurant with his wife and a number of friends for a meal. He said it was a "dirty wet night" and it had been raining.
Shortly before midnight he went out to the front of the building for a cigarette break and was making his way back upstairs.
He said he was halfway up the stairs when he felt his foot slipping. He said he fell forward and his left foot also got caught in the gap between the steps.
"A split second later I was in agonising pain," he said. "The steps were damp and wet and slippy. That is the basis of what went wrong here."
Cross-examined by Joseph McGettigan, Mr Reilly accepted that it was the third time he had been on the stairs that night and he had gone out earlier for a cigarette break.
Counsel put it to him that if he had gone one step at a time the accident would not have happened. Mr Reilly said he did not accept that.
Mr Justice Michael Moriarty will give judgment today.