Courts

Gym owner who sued claiming he might never fly again after being trapped in lift flew to Rome to propose to partner

Rob Smith (39), who claimed he suffered from claustrophia following lift incident, awarded just over €10,000

Judge Shannon said the court had to take into consideration photographic evidence of Smith in Rome and in a one-person sauna.
Judge Shannon said the court had to take into consideration photographic evidence of Smith in Rome and in a one-person sauna.
Ray Managh
Thu Nov 21 2024 - 14:30

A judge, who heard that a gym owner had feared he would never be able to fly again or tolerate confined spaces after being trapped in a lift, was shown pictures that proved he had flown to Rome to propose to his partner and had posed for pictures in a single person sauna after the incident.

Judge Geoffrey Shannon, who was told in the Circuit Civil Court that personal trainer Rob Smith had turned down a €15,000 offer to settle his personal injuries claim, awarded the 39-year-old just over €10,000, including expenses, instead.

Smith, of Johnstown Place, Johnstown Road, Cabinteely, Dublin, claimed he suffered from claustrophobia following the incident in June 2021, could no longer tolerate confined spaces and had feared he would never be able to fly again.

Making the award and granting Smith limited District Court costs, Judge Shannon said the court had to take into consideration photographic evidence provided by barrister Conor Duff, counsel for defendant Infinity Lifts, Ennis, Co Clare.

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The photographs showed Smith throwing a muscular pose in an enclosed one-person sauna following the incident and in Rome where he had flown to propose to his partner in front of the Trevi Fountain.

Mr Duff told Judge Shannon that Smith, only a few days after a return flight from Rome, had failed to tell a doctor about his trip.

Judge Shannon said the defendant had conceded that Mr Smith had been trapped in a lift at his apartment block until a neighbor had heard his cries for help and had called the emergency services.

The court was being asked to assess damages after Infinity Lifts had conceded fault in the case and Judge Shannon said Mr Smith, whom he found to be a genuine witness, had complained of nightmares and panic attacks.

The judge said the court had difficulty in reconciling the photographic evidence of Mr Smith on holiday and in the confined space of a one-person sauna with his issue of claustrophobia.

Mr Duff had asked the judge not to award Smith any damages or a very small amount.

Rejecting a suggestion by Smith’s barrister that damages should range from €15,000 to €40,000, Judge Shannon said that under the compensatory guidelines he had to consider fairness and proportionality and measured damages at €8,250. He also granted Smith his claim for expenses of €2,394.70, bringing the total award to €10,644.70.

Mr Duff told the court that Smith’s legal team had been written to on September 25th, 2024, offering their client a settlement of €15,000. This had been declined and he sought the judge’s award of District Court costs to be confined up to the date of the settlement offer with which Judge Shannon agreed.