An elderly man who claimed he suffered a brain injury after falling down a stairs in a Dublin pub has settled his High Court action for €250,000.
Frank McHugh (80) was in a coma after the fall and suffered a severe brain injury and skull fractures, necessitating 24-hour care for the rest of his life, his counsel said.
Mr McHugh, Maxwell Road, Rathgar, Dublin, had, through his son Peter, sued Shelbourne O'Brien Ltd, trading as the Stag's Head, as a result of his fall in the pub on April 24th, 2011.
Toilets
The pensioner had been for an Easter lunch with his family, after which they went to the snug of
the Stag’s Head. Mr McHugh fell down the stairs while making his way to the toilets soon after arriving, the court heard.
It was claimed there was a failure to provide a safe means of access to the toilets and failure to give adequate warning of the dangers allegedly present in the stairwell.
Shelbourne O’Brien Ltd denied the claims and pleaded Mr McHugh had fallen as a consequence of his own negligence. It was further pleaded that Mr McHugh failed to descend the stairs in a safe manner.
Richard McDonnell yesterday said the settlement offer represented a fraction of the full value of the case but he was recommending it. He said his client had no memory of falling. CCTV footage showed him taking the first step of the stairs and tumbling forward.
Ms Justice Mary Irvine said Mr McHugh did not have the required evidence to prove his case. She said while €250,000 would not go far in care costs, it was probable, if the case went to trial, he would lose.