A man who hurt his foot when he tripped and fell crossing a road in Cobh, Co Cork has settled a case with his local council for an undisclosed sum after claiming he had persistent pain in the six years since the accident.
In court, Brian O’Donovan, from Glanmire, Co Cork, claimed he developed a chronic pain condition and that his pain around his left ankle was constant and had worsened.
The 54-year-old computer technician lodged a substantial claim for damages, including for the €26,000 cost of an automatic car because he said he has pain driving a manual car.
He also sought payment for his wife for past and future care, damages for loss of opportunity and €480 per month for hydrotherapy treatment, although the court heard he is not able to get in a pool currently.
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Ms Justice Reynolds also heard Mr O’Donovan sought €40 per month for a person to cut his grass for life. The judge said she was taken by surprise at some of the demands, noting the “concept of duty to mitigate one’s losses” was being completely ignored in the case.
Mr O’Donovan sued Cork County Council over the fall on what he said was an uneven road surface near the junction of East Beach and Lynch’s Quay on August 25th, 2018.
The court heard liability was admitted in the case, which was before the High Court for assessment of damages only. Following talks outside court, the judge was told that the case has settled.
Opening the case before the settlement, Mr O’Donovan’s senior counsel, Elizabeth O’Connell, said he crawled to the side of the road and was brought to hospital by ambulance. He was diagnosed with a fracture of a bone in his lower leg. He was put in a cast and was referred for orthopaedic follow-up.
In November of that year, she said, Mr O’Donovan developed a blood clot which was believed to be due to his immobilisation after the accident and he spent seven days in hospital.
She said pain and a limp are a constant feature for Mr O’Donovan and the injury has had a profound effect on him.
Mr O’Donovan told the court he did not dispute he suffered a minor break but “from such a small incident it created a different pattern to my life”.
Cross-examined by senior counsel Lorraine O’Sullivan, for Cork County Council, he agreed he was not detained in hospital for the foot injury. He said the pain has progressed negatively and “in 2019 it was not in as bad a way as it is now”.
He said he cannot walk properly and cannot push a petrol lawnmower.
He agreed with the barrister that he was asking for €40 a month for somebody to come and cut his grass for life.
When she told him there are lawnmowers that “that will now do it for you”, he said he has three different gardens.
Counsel said he could get a robotic lawnmower and sit on a deck chair and watch. She said he did not need someone to cut it. Mr O’Donovan said: “When you put it like that, no.”
She also questioned him about his request for €480 monthly hydrotherapy when he cannot get into a pool.
Mr O’Donovan said he does not know when he will be able to get into a pool but at present he cannot. He said that he hopes to try if it is recommended.
Ms O’Sullivan asked why he did not use his wife’s automatic car when he found driving his manual car extremely painful.
“It is my wife’s car, not mine,” he said.
After talks outside court, Ms Justice Reynolds was told the case had been settled.
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