Shop fall man had taken five Valium
A MAN who claimed he hurt his foot after allegedly slipping on a wet mat in a supermarket withdrew his damages action at the High Court yesterday.
Jamie Burke (28) consented to an order to dismiss his claim against a Spar supermarket following his cross-examination in which he agreed he had taken five Valium tablets before going to the shop on the morning of the alleged fall.
The unemployed plasterer also told the court he has started proceedings in the Circuit Court after another alleged slip and fall in a shop two days previously in which he said he sprained the ankle of the same foot.
Mr Burke (28) of Drumheath Avenue, Blanchardstown, Dublin, had sued Mullcrest Foodstore Ltd, owners and operators of the Spar at The Crescent, Church Road, Blanchardstown, as a result of the alleged accident on August 6, 2007.
Mullcrest denied the claims and said Mr Burke was not caused to lose his balance by a spill or an accumulation of liquid at the exit to the shop.
Mr Justice Anthony Barr was also told that two years previously Mr Burke had lost a case he brought against Fingal County Council over an alleged injury to the shin on his left foot.
Mr Burke said on the morning of August 6, 2007 at around 9.30am he walked to the Spar, which is not far from his home, to buy a roll and cigarettes.
After making his purchase, he said he was walking out the exit when his crutch slipped and he fell down on his left leg.
"I toppled over on to the mat," he said.
Cross-examined by Declan Buckley SC, for Spar, Mr Burke said he "slipped on the floor because the mat was wet".
Put to him by counsel that he had taken five valium the morning of the accident, Mr Burke agreed and said his friend had called around and it must have been in the morning.
When the case resumed in the afternoon Mr Justice Barr was told that the case could be dismissed with no order as to costs which means each side pays their own legal bills.