A Limerick man who broke his ankle after slipping on a wet floor at Copper Face Jacks nightclub in Dublin has been awarded more than €80,000 damages by the High Court.
Colin McNamara, a bar manager, went to the nightclub after attending an Ireland soccer match at the Aviva Stadium in 2015.
Mr Justice Michael Hanna said Mr McNamara suffered a serious and significant injury, particularly with regard to the fact he “has to be fleet of foot” in his job as a bar manager.
Mr McNamara slipped on a floor that was wet, presumably from spilled drink, and was out of work for five months after the accident, he said. His injury was of moderate severity with the risk of facing surgery in the future, he said. The appropriate compensation was €80,000, plus special damages of €7,116 to cover medical and other expenses.
The case was before the judge for assessment of damages only because judgment had previously been entered in default of appearance.
Mr McNamara (36), Sycamore Avenue, Rathbane, Co Limerick had sued Breanagh Catering Ltd , with offices at Harcourt Street, Dublin and the owners of the nightclub Copper Face Jacks, Harcourt Street, Dublin, as a result of the accident on October 9th 2015. He claimed he suffered injury as a result of slipping on a floor which was wet and represented a slipping hazard to patrons.
The claims were denied.
The court was told this week that judgment in the case had been entered in default of appearance and the case was before the court for assessment of damages only.
In evidence earlier, Mr McNamara said bouncers came and picked him from the floor and brought him out to a back alley where a member of staff tended to his leg and looked at the ankle and told him it was not broken.
Mr McNamara said he was told they could not ring for an ambulance and he “hobbled away” and got a taxi back to his hotel. He said he was in a lot of pain that night and went to hospital when he returned to Limerick where he was told he had fractured his ankle. He later had surgery and was on crutches.
In his decision on Wednesday, Mr Justice Hanna said he had an order of the court giving judgment against the defendant in this case, therefore issues of liability did not arise. It would have been open to the defendant to intervene in court to challenge the medical evidence and they had chosen not to do so, as was their right, he said.
He said the defence had chosen to opt for a legal cost accountant. The defendant, although not represented, was not inactive, but attempts at resolution were not successful, he added.