Man claims he suffered severe brain injury after falling 15ft through ‘gap’ in Westport wall

A software engineer who claims he suffered a severe traumatic brain injury 11 years ago when he fell through an alleged gap in a stone wall in Co Mayo has launched a High Court action.

David Foley fell more than 15ft onto concrete and suffered multiple injuries, it is claimed. He had been at a pub and then a chipper and was on the way back with friends to a house outside Westport when the incident happened at Quay Street on August 19th, 2012.

His counsel, Michael Byrne SC, instructed by David O’Riordain solicitor, told the court that Mr Foley has had a complete personality change since the fall. Before the incident, counsel said, “the sky was the limit” for Mr Foley in relation to his work in computer programming, but he has not worked since.

The claim, Mr Justice Paul Coffey was told, includes one for loss of earnings “at a very significant level” to date and into the future.

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Mr Foley (48), of Pearse Road, Sligo, has sued Michael and Geraldine Foy, the owners of McCarthy’s Lodge, a public house and guesthouse on Quay Street, Westport. Mr Foy has since died.

It was claimed during previous development work that a stone wall was partially demolished and it is alleged the level of the wall at the point where it adjoins the public house and guesthouse was left lower than the original wall and was a trip hazard.

He has also sued Sheelagh Ryan, now deceased, of Church Street, Westport, who was the owner of lands adjacent to and bounded on one side by the public house and guesthouse premises. The case is also against Mayo County Council as it is claimed the wall may be part of the public road.

The court heard that a number of issues have to be determined, including whether the gap constituted a trip hazard, who owned the wall and where exactly and why Mr Foley fell.

Contributory negligence is also alleged against Mr Foley, including that he had allegedly consumed alcohol to such an extent that it impaired his judgement, gait and perception. His counsel told the court that Mr Foley admits drinking a number of pints on the night, but denies being intoxicated.

Philip Prescott, from Essex, England, who was with Mr Foley and his then wife on the night, said they went to a pub for three or four hours and had about five or six drinks before leaving at 11.30pm.

He said they went to a chipper and he left there with Mr Foley and his then wife, Sandra O’Malley, to go back to the O’Malley home.

He said they were walking along the road with Mr Foley slightly behind him but he then “disappeared”.

He said Mr Foley’s wife asked where he was but they could not see anything but could hear groaning.

Counsel for the Foys put it to the witness that Mr Foley was severely intoxicated. Mr Prescott said he disagreed.

The case before Mr Justice Paul Coffey continues.