A woman who fell off a roof at a Kinsale nightclub and suffered a severe spinal injury 10 years ago has settled a High Court action over the incident.
Ciara O’Brien fell 8ft to the ground at The Moorings on August 22nd, 2015. She has been left paralysed from the waist down.
Ms O’Brien was 18 years of age at the time, had finished her Leaving Certificate and attended her debs just the week before.
There was a beach-themed party at the club on the night in question. Ms O’Brien had secured a part-time job at the venue, but it was reported she was not working on the night of the incident.
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Settlement of the proceedings was announced in court on Tuesday. It is confidential, but the court was told it reflects the apportionment of 80 per cent liability against Ms O’Brien and 20 per cent against the other side in the case.
Ms O’Brien, from Kinsale, Co Cork, had sued Kenny Weight Management Galway Ltd, with registered offices in Co Galway, the owners of The Moorings at the time of the incident.
It was claimed there was an alleged failure to erect a balustrade or barrier around the exposed perimeter of the concrete ceiling, slab or balcony. It was further claimed that there was an alleged failure to ensure that individuals, including Ms O’Brien, were prevented from having access to an area in which there was an alleged unguarded balcony.
It was also claimed that there was an alleged failure to provide any adequate or competent supervision for the area.
All of the claims were denied.
In the High Court on Tuesday, Ms O’Brien’s counsel, Liam Reidy SC, told the court that liability had been denied in the case. Counsel said it had been contended by the other side that there was contributory negligence on the part of Ms O’Brien.
He said the other side contended that Ms O’Brien was allegedly a trespasser and had been allegedly intoxicated at the time. He told Mr Justice Paul Coffey that Ms O’Brien had fallen from the flat roof, suffering catastrophic injuries.
The judge noted the settlement and liability division.
In a radio interview a year after her fall, Ms O’Brien said that after the incident, she had been airlifted to a Dublin hospital. She was there until October 2015, before being transferred to the National Rehabilitation Hospital in Dún Laoghaire, Dublin, for a time.
She said she didn’t feel comfortable talking about the incident, but was later grateful it was confined to a low back injury.
