Spar slip claim dismissed after man admits taking five Valium

A man who claimed he hurt his left foot after allegedly slipping on a wet mat as he walked out of a Spar supermarket has withdrawn his damages action at the High Court.

Jamie Burke consented to an order to dismiss his claim against the shop after his cross-examination in which he agreed he had taken five Valium tablets before going for a breakfast roll to his local Spar on the morning of the alleged fall.

The unemployed plasterer also told the court he has started proceedings in the Circuit Court after another alleged slip and fall in a shop two days previously in which he said he sprained the ankle of the same foot.

Mr Burke (28), Drumheath Avenue, Blanchardstown, Dublin, had sued Mullcrest Foodstore Ltd, owners and operators of the Spar shop at The Crescent , Church Road, Blanchardstown, Dublin as a result of the alleged accident on August 6th, 2007.

Mullcrest denied the claims and pleaded Mr Burke was not caused to lose his balance by a spill or an accumulation of liquid in the area of the exit to the shop.

Earlier, Mr Burke told the court he had one crutch which was given to him after his alleged fall two days previously when he said he sprained his ankle.

He said on the morning of August 6th, 2007, he walked to the Spar shop not far from his home to buy a roll and cigarettes. He said he was walking out the exit when his crutch slipped and he fell down on his left leg. “I toppled over on to the mat,” he said.

When counsel put to him he had taken five Valium the morning of the accident, Mr Burke agreed. When the case resumed in the afternoon Mr Justice Anthony Barr was told the case could be dismissed with no order on cost.