‘Minted’ after fall, banter claimed
Jonathan Dineen, of 28 Fairview, South Douglas Road, Cork, brought a case to the High Court sitting in Cork yesterday.
He testified he had approximately six pints of beer on St Stephen’s night 2010 and at around 3.30am on December 27 he slipped on a wet floor in McDonald’s, Winthrop St, and broke his arm.
Mr Dineen, who is in his mid-20s, was cross-examined by Seán Lynch, counsel for McDonald’s, yesterday.
Mr Lynch presented a number of printouts from a Facebook page and asked Mr Dineen to confirm that was his page. He said it was his page and he confirmed he knew another young man who had sent a particular message. Mr Lynch read from the Facebook page and said he was not doing so to embarrass the plaintiff or highlight any unparliamentary language.
Mr Lynch read, “Ha ha, you are a rock solid centre back… and you are going to be minted because of McDonald’s.” Mr Lynch read the reply from Mr Dineen to that message on his Facebook page: “Ha ha ha ha.”
Senior counsel for McDonald’s commented: “It might be a laughing matter for you but it is not a laughing matter for McDonald’s.” Mr Dineen said his friend only sent the message because he knew he (Mr Dineen) had fallen in McDonald’s.
Mr Lynch also challenged him on the question of whether alcohol had more to do with the fall than any allegation of water being on the tiled surface.
Mr Dineen replied: “Maybe if the floor was not wet I could tell you if alcohol was involved.” Mr Dineen testified he went to the premises at 3.30am that morning and went to the bathroom at the back. He said that as he returned he slipped, managed to straighten himself up and then skidded a second time, falling on his left hand and fracturing his arm.
Mr Justice Henry Abbott asked the parties for their views on the Book of Quantum which sets the value of various injuries in terms of compensation. John O’Mahony SC said the valuations were outdated. Mr Lynch said McDonald’s denied all liability.
The case continues today.
