A prominent city councillor has sued his own local authority for a substantial sum for injuries he received when he fell on the steps of Cork's City Hall after attending a corporation meeting.
Mr Con O'Leary (52), an Independent councillor, from St Rita's Avenue, Gurranabraher, one of the most outspoken members of the Corporation since his election seven years ago opened his case in the High Court, in Cork, yesterday.
Mr O'Leary slipped on damp limestone steps at the main entrance to City Hall on June 8th, 1992. He suffered ankle and back injuries and claims his career in local politics and his full-time work in the family store business has been badly affected by his chronic back problems. "The shop was my pride and joy, my great achievement in life. I used to work 10 to 12 hours a day there. I miss it a lot. Now I only work three or four hours," he said.
Mr O'Leary also claims he has missed many corporation meetings since his accident because on many evenings he is tired and in pain. He is also a member of the Southern Health Board and is Irish director for the 199-member European Cities Against Drugs.
Mr Justice Kinlen posed the question at the outset of the case as to whether Mr O'Leary could as a member of the Corporation sue himself. Dr John O'Mahony SC for the plaintiff said it was established in law the local authority members are "something totally different from the corporation itself". They were entitled to sue and Mr Jim Duggan BL, for the corporation, agreed this was not a major issue in the case.
In cross-examination by Mr Duggan, Mr O'Leary agreed the steps at City Hall were used by approximately 1,500 people daily.
He agreed he attended meetings on June 13th, June 22nd and June 29th, 1992, but said he did not stay for the full time.
His business was doing "extremely well" and the shop had doubled in size within the last three years. He continued to work in the shop and lift articles, but he was "very careful" and always afraid his back would give out.
Mr Philip O'Doherty, an engineer, said it was important to roughen up limestone steps to stop them becoming slippery. He examined the City Hall steps after the accident and considered that the smoothness combined with the dampness of the evening would make them very slippy and unsafe.
Cllr Joe O'Callaghan said they were leaving by the main entrance after a meeting when Mr O'Leary slipped. "He twisted his foot and was hobbling around, so I drove him home".
The corporation has entered a full defence against Mr O'Leary's claim.
The case continues today.