A financial consultant who alleged he fell and fractured his skull as he left his sister’s house on Christmas Day and ended up with a severe brain injury has settled a High Court action for €600,000.
Anthony O’Riordan (81) was stretchered from the driveway of the house in Dalkey, Co Dublin after what is thought to have been a tumble as he attempted to get into a taxi on the driveway.
His counsel, Bruce Antoniotti, instructed by Augustus Cullen Law, told the High Court Mr O’Riordan suffered a brain injury and has been left with cognitive deficits following the incident 12 years ago.
Counsel said Mr O’Riordan had arrived with his wife and daughter at his sister’s house at 4pm on Christmas Day in 2012. The driveway where the fall allegedly occurred had a 9.5 degree slope.
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The O’Riordans were leaving about four hours later when he “disappeared from view” having apparently lost his balance after walking around the back of their taxi, counsel said.
“We don’t know what happened and Mr O’Riordan does not remember the incident. We don’t know if he tripped, slipped or stumbled,” counsel said.
The most likely explanation was that Mr O’Riordan stumbled, said Mr Antoniotti, noting the wing mirror of the taxi car broke off, which was consistent with somebody stumbling and grabbing the wing mirror.
Mr O’Riordan, of Mount Merrion Avenue, Blackrock, had through his wife, Hilda, sued Irene and Robin Hennessy, of Knocknacree Road, Dalkey, over the incident. All of the claims were denied.
He claimed he was negotiating the steep driveway and attempting to enter the taxi when he slipped and fell. He alleged there was a failure to ensure his safety, health and welfare while he was a guest on the premises and a failure to ensure that the cobble lock paving was cleaned with a power hose to ensure it was free from any build-up of grime liable to render the surface slippery, particularly in the winter months.
It was alleged that Mr O’Riordan hit his head and was unconscious for about 20 minutes. He was diagnosed with a skull fracture and brain bleed that required surgery.
Mr Antoniotti told the court that expert engineers on his client’s side were not critical of the driveway slope and said the rough surface was safe. A year and a half after the incident it was noted on inspection of the driveway that it was in pristine condition.
Outlining the risk of further litigating the case, counsel said he had grave concerns and he could not say they would succeed if the case went to trial.
Approving the settlement, Mr Justice Paul Coffey said there was no evidence as to how Mr O’Riordan fell and there was no criticism of the slope by the engineers. Noting the litigation risk, the judge said the offer was fair and reasonable. He said it must have been a very shocking event for the family and Christmas must now be a very difficult time for them.
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