Bar worker sues over alleged slip in Co Clare pub 10 years ago
Posted on 3rd July 2019 at 23:03
A bar worker who claims he slipped and twisted his ankle in a Co Clare bar 10 years ago has sued for damages in the High Court.
Maurice Durnin, now aged 71, claims the fall at Cogan’s Bar & Restaurant in Milltown Malbay when he was working as a waiter has left him suffering from chronic regional pain syndrome.
Mr Durnin, Banteer, Co Cork, has sued James Cogan, owner of the bar, as a result of the incident on March 3rd, 2009 .
Opening the case on Wednesday, Michael F Collins SC said his client has had to have a number of pain injections, procedures and a spinal chord stimulator fitted since the incident, which appeared to be an “innocuous event” when he twisted his ankle.
Mr Durnin has been “put through the grinder” and “did not wish any of this to happen,” counsel said.
Ms Justice Bronagh O’Hanlon adjourned the case early on Wednesday after Mr Durnin broke down while giving evidence about how he had enjoyed his work and cannot now enjoy his retirement. The judge said it all seemed “an extraordinary situation from what appears to have been a simple twisting of the ankle.”
He claims he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers. He alleges failure to ensure the floor was in a safe condition.
He claims, as a result of the fall, he is now disabled in certain day to day activities.
All the claims are denied.
The Cogan side has also alleged negligence on the part of Mr Durnin for allegedly not looking where he was walking.
It is further alleged, if the floor was wet, which is not admitted, Mr Durnin had failed to clean up and dry it in an appropriate manner.
In evidence, Mr Durnin said he started working at Cogans in 2008. He said, on a previous occasion, a tea towel was used to stem a flow of water around a stairs area and the area was cleaned with a mop and nonslip mats placed on the floor.
He said, on the day of the incident, there was water on the floor when he opened up the premises. He said he used tea towels and also mopped the floor and put down the mats.
He said he slipped when he was serving breakfast but continued working. He later had to go to a doctor and was referred to hospital and given crutches.
An MRI later showed diffuse synovitis of the ankle. Mr Durnin said he now has pain on the right and left side of his body and his legs were “on fire with pain.”
The case continues on Thursday.
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