Man who fell outside his sister's house on Christmas Day settles over brain injury
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A financial consultant who, it was claimed, fell and fractured his skull as he left a relative’s house on Christmas Day and ended up with a severe brain injury has settled a High Court action for €600,000.
Anthony O’Riordan had to be stretchered from the driveway of his sister’s house in Dalkey, Dublin, after it is thought he may have tumbled as he attempted to get into a taxi on the driveway.
His counsel, Bruce Antoniotti instructed by Agustus Cullen and Law solicitors, told the High Court the pensioner, who is now 81 years of age, suffered a brain injury and has been left with cognitive deficits following the accident 12 years ago. Previously Mr O’Riordan worked handling Middle Eastern investments.
Counsel said Mr O’Riordan had arrived at his sister’s house at 4pm on Christmas Day 2012 with his wife and daughter. The driveway to the house, he said, was sloped and where the accident allegedly occurred there was a 9.5 degree slope.
Almost four hours later the O’Riordan party were leaving and Mr O’Riordan helped his wife into the taxi and walked around the back of the car to get in the other side.
Counsel said:
The most likely explanation, counsel added, was that Mr O’Riordan stumbled and he noted the wing mirror of the taxi car was broken off which was consistent with somebody stumbling and grabbed the wing mirror.
Anthony O’Riordan, Mount Merrion Avenue, Blackrock, Dublin, had through his wife Hilda sued his relatives Irene and Robin Hennessy of Knocknacree Road, Dalkey, over the accident on Christmas Day 2012.
It was claimed he was negotiating the steep driveway and attempting to enter the taxi when he slipped and fell.
He had claimed there was an alleged failure to ensure his safety, health and welfare while he was a guest on the premises and an alleged failure to ensure that the cobble lock was cleaned down with a power hose to ensure it was free from any alleged build-up of biofilm, slime or other grime liable to render the surface slippery, particularly in the winter months.
Mr O’Riordan, it was further claimed, had hit his head and was unconscious for about 20 minutes. The skull fracture and brain bleed were later diagnosed in hospital and he had to have surgery.
All of the claims were denied.
Counsel told the court that expert engineers on the O’Riordan side were not critical of the driveway slope and said the rough surface was safe. A year-and-a-half after the accident it was noted on inspection of the driveway that it was in pristine condition, but one engineer had surmised about the alleged possibility of a biofilm where microbes grow on the surface.
Outlining the litigation risk, counsel said he had grave concerns and he could not say they would succeed if the case went to trial.
Approving the settlement, Mr Justice Paul Coffey said there was no evidence as to how Mr O’Riordan had fallen and there was no criticism of the slope by the engineers. Noting the litigation risk the judge said the offer was fair and reasonable.
He said it must have been a very shocking event for the family and Christmas must now be a very difficult time for them.