A union official who sustained serious back and neck injuries after a chair collapsed under him in a hotel bedroom in Carlow was awarded €49,625 in a High Court judgment yesterday.
Thomas White, an assistant general secretary of the Technical Engineering and Electrical Union (TEEU), had told the High Court that before the accident in the Dolmen Hotel, Carlow, he used to go on four- to six-mile walks and play golf.
Mr White, Ardmore Drive, Artane, Dublin, had sued Ridgeway International Ltd, trading as the Dolmen Hotel, as a result of the accident on September 29th, 1999.
The High Court had been told that Mr White was a guest in the hotel and was attending a Fás conference at the time. He said he was brushing his hair when he fell backwards off the chair, striking the back of his head against a bed and falling on the floor.
The chair was in two pieces and had "separated with great gusto". When he looked at the chair, he felt it was a "multi-repair job" and it had a bundle of glue on it.
Immediately after the accident he went to the reception area and reported the matter. The duty manager assigned him a new room. He said he was not aware of the extent of his injuries at that time. "I would not be one jumping in to litigate at the first opportunity," he said.
He was sore all over the next day and went to his doctor. He was later referred to a pain specialist and was told he requires a spinal cord implant for pain relief. Mr White said he still experiences neck pain and stiffness and lower back pain.
At a previous hearing the hotel was found to be negligent in relation to the incident. The judge was satisfied the chair broke because it was defective.
In his judgment yesterday, Mr Justice Vivian Lavan held the defendant was liable for damages and awarded Mr White €20,000 for his pain and suffering to date and €25,000 for pain and suffering in the future.
He also allowed special damages of €4,625 plus costs.