A husband and wife who sued airport operator DAA over an incident on an escalator at Dublin Airport have withdrawn their separate €60,000 personal injury claims.
The decision came after a Circuit Civil Court judge said an application by their counsel for a five minute break for talks was “a good idea”.
Housewife Bernie Browne (66) and retired Peter Browne (71), of Spafield Crescent, Cashel, Co Tipperary, had claimed they were injured because of the alleged faulty operation of the escalator in Terminal One.
Judge Jonathan Dunphy on Friday heard the couple had just returned from a holiday in Lanzarote in September 2021 and were ascending on an escalator when Ms Browne fell backwards, toppling her husband as he attempted to stop her.
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They had to be helped up by a security guard who pressed the escalator’s emergency stop button.
The couple’s counsel told the court they were withdrawing their claims following talks with barrister Adrianne Fields, who had earlier cross-examined Ms Browne and a forensic engineer. They both alleged the escalator handrail stopped moving briefly while the steps continued moving upwards.
Ms Fields, who appeared with David Martin of Gore and Grimes Solicitors for DAA, highlighted that Ms Browne was carrying her passport and another document in her left hand, which she had been using to hold the moving handrail with a pinch-like finger grip.
Counsel noted that seconds-long CCTV footage of the incident showed Ms Browne was struggling to steady her wheelie suitcase with her right hand on the steps of the escalator from the time she stepped on until the moment she fell.
Ms Browne said she suffered injuries to her left leg and was treated by her GP, who she visited with her husband for the purpose of obtaining a medical report for her solicitor.
She told Ms Fields her husband had not received medical treatment from the doctor.
The case was interrupted for talks during the evidence of Ms Browne and her engineer. Mr Browne’s case was withdrawn, along with his wife’s, before he was called to give any evidence on his or her behalf. Both cases were struck out, as were any existing earlier legal costs issues.
