Tears and laughter at trauma in toilet

A claim for damages against a publican by a woman who was locked overnight in the pub toilets had to be adjourned yesterday when…

A claim for damages against a publican by a woman who was locked overnight in the pub toilets had to be adjourned yesterday when her barrister broke down in uncontrollable fits of laughter.

Ms Marian Gahan, of Estuary Court, Swords, Dublin, had sued Guinness Ireland Group Ltd, trading as Searsons Pub, in Baggott Street, Dublin, for alleged negligence in failing to check the toilets prior to locking the premises.

Her counsel, Ms Eileen McAuley, opening the case before Judge Liam Devally in the Circuit Civil Court, said Ms Gahan had joined friends for a few drinks after work on March 15th, 1996.

After leaving the pub with her friends at 11.20 p.m. Ms Gahan realised she had left her coat and briefcase on a seat.

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She collected them and then went to the toilet, the court heard. Ms McAuley said the case was somewhat unusual in that Ms Gahan had fallen asleep on the toilet.

While explaining the circumstances, Ms McAuley broke into a fit of laughter. Having composed herself, Ms McAuley added that Ms Gahan had woken up at 2 a.m.

When the barrister again broke into uncontrollable laughter, Judge Devally adjourned the hearing for a short time. Ms Gahan broke down in tears.

Twenty minutes later the hearing resumed but Judge Devally said it was getting late in the day and he felt unable to go ahead with the case. "I would like to point out that because of a very personal and private aspect of the case I think tension and hysteria resulted in the case being opened in an unusual manner and I would like to say to the plaintiff I am adjourning it to another day," Judge Devally said.

"I hope the delay won't affect people in any way."

He said he felt the tension and the subsequent "hysteria" had resulted from a nervousness in the manner in which the case had opened. Ms Gahan said she had been released by staff when they arrived for work the following morning.