A showbiz journalist who claimed he tripped on a step at the Helix Theatre dislocating his elbow while attending a Christmas panto has settled his High Court action.
Irish Sun journalist Kenneth Sweeney told Mr Justice Michael Hanna he fell on the side aisle steps as he left the performance of Cinderella thirty minutes in to go to the toilet.
Mr Sweeney who was sitting at the front of the Helix with his family said he got up to walk up the steps when he said he did not locate the first step and fell unexpectedly in to his side. He said he was immediately in a lot of pain.
He said he was taken to hospital and it emerged he had dislocated his elbow. He was in a cast for eight weeks and was at the table on Christmas Day in plaster.
“It was a tough Christmas," he added.
Mr Sweeney said the second step was lit up but the first step was not.
Kenneth Sweeney (52) Newtownparks, Skerries, Co Dublin had sued Dublin City University , Collins Avenue, Glasnevin, Dublin the operators of the Helix Theatre over the accident on November 30, 2014.
He claimed there was an alleged failure to warn users of the stairs of a tripping hazard by proper and adequate warning signs or markings and by proper and adequate illumination. He further claimed there was an alleged failure to provide appropriate lighting levels in the premises so as to allow him to safely ascend the stairs.
The claims were denied.Mr Justice Michael Hanna said the issue in the case is "was there was a disguised step."
When the case resumed today the court heard it had been settled.