A man who sued for damages over pain allegedly suffered since he claims he slipped ten years ago on a floor of the pub has withdrawn his action at the High Court.
The withdrawal on terms that did not include any payment of compensation came after the second day of cross examination of Maurice Durnin who claimed to be suffering from chronic “burning” pain. He claimed the incident took place at the pub were he worked Cogan’s Bar and restaurant, Milltown Malbay, Co Clare, on March 3rd 2009.
Padraig McCartan SC, for the defence, had asked Mr Durnin why, in 12 observations of him in video footage taken by a private investigator for the Cogan side over a period from March 2012 to last week, he never used a crutch or had a limp except when he was visiting two doctors.
Mr Durnin replied none of the videos, which were shown to the court, show he was suffering from chronic pain.
Counsel suggested there was “nothing like the limp” Mr Durnin exhibited on his first day in court and said he had “limped markedly” in court.
When counsel put to Mr Durnin he was exaggerating his claim, Mr Durnin said he was wearing an ankle foot support in court, adding: “I am not trying to exaggerate anything.You can’t exaggerate chronic pain. You either have it or you don’t.”
At one stage, he also said his main problem is his chronic pain and “you can’t see it.”
He added: “ I don’t got through life saying ooh I have a pain. I carry on with life. I don’t go around shouting and screaming. I still have chronic pain still and it is still very high.”
His chronic pain was caused by the twisting of his ankle after the incident in March 2009, he said.
When Mr McCartan put to Mr Durnin he was swinging a crutch on his left hand on one occasion, Mr Durnin replied: “I never swung a crutch in my life.”
Counsel asked why Mr Durnin used a crutch in video footage when visiting two doctors when the footage showed he did every other activity without a crutch. Mr Durnin said his main complaint is chronic pain.
After the court reconvened in the afternoon, Michael F. Collins SC, for Mr Durnin, said the case had been settled on terms where it did not include a payment of compensation and the claim in its entirety was being withdrawn.
Counsel asked that no order for costs be made, meaning each side pay their own.
Ms Justice Bronagh O’Hanlon made the orders sought and wished both sides well.
Mr Durnin (71), Banteer, Co Cork, had sued James Cogan, the owner of Cogan’s Bar and restaurant, as a result of the accident.
He claimed he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers. He alleged failure to ensure the floor was in a safe condition.
He claimed he is disabled in certain day to day activities. His claim included for special damages totalling about €250,000, much of which was hospital bills.
All the claims were denied and the defence also pleaded negligence on the part of Mr Durnin for allegedly not looking where he was walking. If the floor was wet, which was not admitted, Mr Durnin allegedly failed to clean up and dry it in an appropriate manner, it was also pleaded.
During the hearing, the court viewed footage of Mr Durnin walking at Killarney National Park, buying petrol, attending doctor’s appointments and walking his dog on different occasions in the last few years.
Source: The Irish Times