A mother of two who “did the splits” on spilled liquid at a Dublin restaurant has been awarded €33,000 damages.
Judge James McCourt heard in the Circuit Civil Court that Teresa Burke had slipped and fell as she was leaving the Fire Steakhouse and Bar at the Mansion House on Dawson Street for a cigarette with her partner in July 2020.
Ms Burke (52) of Mourne Road, Drimnagh, Dublin 12, told her barrister Grainne Larkin that when her partner lifted her she noticed her dress was wet and afterwards saw several small areas of clear liquid on the floor.
“My right leg went forward and I did the splits,” she told Ms Larkin, who appeared with Deborah Crowley of Ferrys Solicitors.
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Ms Larkin said liability had been accepted by MHL Event Management Limited, owners of the restaurant, and the court was being asked to assess damages arising from a number of injuries she had suffered.
Ms Burke said she had fallen on her bottom and side, injuring her left hip, knee and elbow and her lower back. She told Judge McCourt she still suffered pain in her hip and knee after sitting and then having to get up.
“When I get going things are all right but getting up and walking from a sitting position was still uncomfortable in her lower back,” she said.
X-rays revealed there had been no bone injuries and a scan showed she had a bulging disc as well as degenerative change associated with her age.
Judge McCourt, who heard Ms Burke had been very fit and attended a gym five days a week prior to her fall, said he had no difficulty accepting her evidence that she still had ongoing pain in her hip and knee.
“She is an honest historian and for all of her injuries and continued pain three years post-accident I award her €33,000 damages,” Judge McCourt said.