A man who ended up with a serious head injury after allegedly falling on stairs when he stayed over at a colleague's house after an office Christmas party has settled his High Court action for €550,000.
Edmund O’Shea, it was alleged, was intoxicated and others claimed they thought he was sleeping off the effects of drink when he was found in the hallway of the house.
Mr Justice Kevin Cross, approving the settlement, noted it was only one tenth of the full value of the case. He also said it was, from a legal point of view, “close to a hopeless case”.
The resident of the house where the accident is alleged to have happened on December 20th, 2012, claimed Mr O’Shea was the author of his own misfortune.
The resident claimed she was not legally liable for any alleged injury sustained during the hospitality shown to whom she alleged was a drunken co-worker, who was offered a bed for the night.
Mr O'Shea (61), of Ballitore, Athy, Co Kildare, sued Eithne Hobbs, of Riverchapel Close, Courtown Harbour, Co Wexford, who resided in the house where the accident occurred and a David Doyle, who worked at the time in Co Wicklow and attended the office party and also stayed at the house in Riverchapel Close afterwards.
Unconscious
It was claimed there was an alleged failure to call an ambulance or other medical assistance after Mr O’Shea fell and that there was an alleged failure to note that he was unconscious, bleeding from his head and seriously injured.
He further claimed there was an alleged failure to take proper care of him as he was in an intoxicated state when he arrived at the house.
It was claimed that Mr O’Shea, a supply chain planner, was left with a serious and permanent disability as a result of his injuries.
Mr Doyle, in his defence of the action, denied the claims and alleged considerable amounts of alcohol were consumed at the work party. Mr Doyle claimed that when he got up the next morning at the house, he discovered Mr O’Shea at the bottom of the stairs and he believed he was “sleeping off” the effects of the alcohol consumed the previous night.
Mr Doyle and Ms Hobbs, it is claimed, were under pressure to go to work but Ms Hobbs was reluctant to leave Mr O’Shea in her residence. Mr O’Shea, it is claimed, having failed to wake up, was placed in his car outside the house so he could drive home after waking up.
Ms Hobbs claimed she remained genuinely concerned for the welfare of Mr O’Shea and checked with a neighbour if he had driven away. She claimed she contacted Mr O Shea’s work manager, who went to the house and Mr O’Shea was transferred to hospital. He later underwent a craniotomy.
Mr Justice Cross said the legal teams had done well to get the settlement and he wished the O’Sheas well for the future.