A woman has lost a High Court action against a nightclub claiming it was negligent in admitting a drunk man who allegedly picked her up and dropped her on her head.
Tasha Fitzsimons (27) claimed she was subjected to a couple of minutes of unwanted pestering by another patron, Andrew Kellet, who knew a sister of Ms Fitzsimons.
He then grabbed her and and threw her into the air when he slipped and fell causing her to go over his shoulders and hit the floor hard, she claimed.
She sued Templeville Developments Ltd, who own and operate the nightclub, Barcode in Clontarf, Dublin, claiming damages for a serious cut to her forehead and an elbow fracture as a result of the incident on December 22, 2008.
Ms Fitzsimons, Glentworth Park, Ard na Greine, Malahide Road, Dublin, claimed the club was negligent in failing to adequately supervise the venue.
The club denied her claims and alleged the incident as described by her did not happen. It claimed she got up on Mr Kellett's back at one stage, although she denied this.
Dismissing the action, Mr Justice Michael White said while she had suffered a significant injury on a night out, it was Mr Kellet who was responsible.
Mr Kellet was not a defendant. However, he gave evidence that he had been laughing and joking with Ms Fitzsimons before she climbed on his back and he fell forward after losing his balance, the judge said.
CCTV footage of the incident was not definitive, he said.
An independent witness, who said she did not see Ms Fitzsimons jump on Mr Kellet, gave the best evidence, the judge said. The witness also said she saw him touching her and scooping her up on his shoulders before next seeing Ms Fitzsimons on the floor, the judge said.
The security personnel had also interviewed Mr Kellet afterwards and said he was not drunk.
A finding of negligence against the club in the circumstances of this case would be too high a standard of care to impose, he said.
The club was adequately supervised and there was not enough evidence to establish Mr Kellet should have been refused admission, he added.