A man has been awarded €94,000 damages at the High Court over injuries to his left foot suffered when a large flower pot urn fell on it.
The incident t happened just after Martin Walsh (62) had left his daughter to Sinatra's night club in Wexford town close to Christmas 2006.
Making the award today, Mr Justice Vivian Lavan said he found Mr Walsh a genuine reliable witness and accepted his evidence in full. The judge said he had considered the medical reports and accepted Mr Walsh sustained a severe crushing injury to his foot at the time of the accident on December 23rd, 2006.
Liability was conceded in the action and was before Mr Justice Lavan for assessment of damages only.
Mr Walsh, Columbia Close, Rockingham, Western Australia, had brought the action against Ashbury Taverns Limited, trading as Sinatra's Night club in Wexford.
Gerry Tynan, counsel for Mr Walsh, said his client was born in Ireland but had left when he was two or three years of age. He had brought his daughter to the night club and was leaving it when the accident occurred. It was claimed the defendant allowed or permitted a large urn to become dislodged from a pillar and to fall on Mr Walsh's foot.
He had suffered a crushing injury to his left foot and continued to have problems with it, including a constant ache, counsel said. His foot would swell when standing and cause him to limp.
Because of the injury his interest in recreational pursuits including darts and fishing was seriously affected, counsel added.