An action for damages by a woman who had to have her leg amputated below the knee three years after she allegedly slipped on the stairs at the entrance to The Pod nightclub in Dublin was dismissed on consent at the High Court yesterday after a settlement of the case was apparently agreed.
Eileen Whelton (55), a catering assistant of Ballinderry, Mullingar, Co Westmeath, claimed the accident happened just after she and her friends had arrived to watch all-male entertainers The Chippendales.
She sued Charlotte Inn Ltd of Upper Mount Street, Dublin, owners of The Pod on Harcourt Street, and MCD Promotions of Dún Laoghaire, Co Dublin, which was involved in the promotion of the The Chippendales at the club.
The defendants denied the claims and pleaded Ms Whelton did not slip on the stairs. They also pleaded she had consumed alcohol.
Ms Whelton alleged she slipped on a stairway in The Pod on May 27th, 1998, and fell heavily. She claimed she fractured her ankle in the fall and had to have five operations before the amputation in 2001. She claimed she was unable to return to work as a result and sought damages, including special damages of some €1 million.
When the case was called before Mr Justice Vivian Lavan yesterday, Ms Whelton's counsel said the case could be dismissed by consent of all parties. It is understood the case was settled on terms including some compensation for Ms Whelton but the terms are subject to a confidentiality clause.