A youth has withdrawn his claim for £30,000 damages against Supermacs restaurants for injuries he claimed to have received when he slipped on the men's toilet floor at the Supermacs restaurant in Eyre Square, Galway.
Speaking outside the court, Supermacs managing director Mr Pat McDonagh said the number of fraudulent claims for injuries had pushed up the cost of insurance premiums for Ireland's largest fast food chain, Supermacs Ireland Ltd, by as much as 300 per cent in the last three years.
Mr McDonagh said he believed that out of the 111 civil claims for damages pending against 47 of his premises nationwide, at least 75 per cent were fraudulent.
It is understood that yesterday's claim was withdrawn minutes before it was due to be heard yesterday when the plaintiff became aware Supermacs had crucial evidence to prove he and two of his friends, in July 1997, had deliberately splashed water from a wash hand basin on to the floor and then practised sliding on it before the plaintiff laid down on the floor and pretended he had slipped.
The youth claimed to have been knocked unconscious and complained of back pain. He had a cervical collar fitted and was put on a stretcher by an ambulance crew at the scene and was removed by ambulance to hospital.
The incident was recorded by a micro-video camera situated over the wash-hand basins and immediate area near the basins in the men's toilet. The camera does not cover the cubicle or urinal areas. Signs outside the toilet indicate to the public that there are security videos in operation.
Following the withdrawal of the claim, Mr McDonagh asked Judge Bryan McMahon to view the video evidence and he said the case should be referred to the DPP's office.
Mr Con Crowley, for the plaintiff, said Mr McDonagh had no jurisdiction to address the court and there were other avenues open to the defendant. Judge McMahon agreed and told Mr McDonagh that if he felt discontented, he should consult his own counsel who would advise him.
Outside the court, Mr McDonagh said this was the second such case against his company this week, the first also having been withdrawn at the last minute when the plaintiff realised the company had strong evidence to repudiate her claim for damages.
"Our insurance costs have gone up 300 per cent in the last three years. We find it disturbing that people can make false claims and go through the whole process of fraudulently bringing claims to court and unless the defendant has strong evidence, the plaintiff will win and get through the system.
"We had very strong video evidence in the case today which would completely contradict what the plaintiff had suggested." He intended to bring the matter to the attention of the Garda.