A MAN had part of his left leg amputated after an accident in which he allegedly fell into a gap between a platform and a train, the High Court heard.
Tim O'Neill (26) claims that he had just got off the Dart when he lost his grip and fell back into a gap between the platform and the carriage as the train moved off at Killester Station in Dublin.
Mr O'Neill (26), a former kitchen porter, had travelled to Killester with a group of his friends on Halloween night in 2002 when the accident occurred.
He claims that after he fell, the train's movement spun him around and he eventually ended up on the rail tracks. As a result of his injuries he was taken to hospital where surgeons had to remove his left leg from below the knee.
Mr O'Neill of Woodbine Close, Raheny, Dublin, is suing Iarnrod Eireann for damage for alleged negligence and breach of duty towards him arising out of the accident.
It is claimed the company was negligent on grounds including that they failed to warn passengers about the presence of a wide gap between the train and the platform, that there were no adequate signs at the station nor audible warnings to passengers on the Dart about the gap and that the platform at the Killester Station was poorly lit.
The claims are denied.
Iarnrod Eireann also pleads contributory negligence and says Mr O'Neill, who admitted drinking five cans of lager on the night, was the author of his own misfortune.
Mr O'Neill told the court that he was not familiar with Killester station and had been listening to music with his friends on the journey. While he had been drinking, when he got off the train both he and his friends were totally coherent, he said. The case continues.