Building site foreman receives €25,000 for toe injury

Injury sustained when shampoo dispenser in hotel gym fell from wall

Judge James McCourt said that while the injured party has clearly been impacted by the injury, he has not made a ‘song and dance about it’.

Judge James McCourt said that while the injured party has clearly been impacted by the injury, he has not made a ‘song and dance about it’.

 

A 38-year-old building site foreman, who had to give up playing golf and football after a shampoo dispenser crushed one of his big toes, has been awarded €25,000 damages against a prominent Dublin hotel.

Judge James McCourt said in the Circuit Civil court that Mark Gallagher had been having a shower in the gym at The Marker Hotel in Dublin’s Docklands when the dispenser fell from its wall fitting and struck him on his right big toe.

“Although he has been greatly discommoded by his injury he hasn’t made a song and dance about it and is now doing a more sedentary job within the building trade,” Judge McCourt said.

Barrister Conor Kearney, for Gallagher, told the court Mr Gallagher lives in Cashel, Achill Island, Co Mayo, and travels up and down to his work in Dublin.

Mr Kearney, who appeared with Tiernan Solicitors, said Mr Gallagher had been using the gym in the hotel at Grand Canal Quay, Dublin, on March 9th, 2017 when the accident happened.

Judge McCourt, assessing damages in the case in which liability was conceded, said medical reports revealed that prior to the accident Mr Gallagher had suffered from undetected arthritis in his right big toe.

The arthritis had been exacerbated by the shampoo dispenser striking it and causing a crush injury.

The judge said Mr Gallagher’s medical advisers believed it may be necessary for him to undergo a fusion procedure on his toe.