A 28-year-old man who claimed he hurt his left foot after allegedly slipping on a wet mat as he walked out of a Spar supermarket seven years ago yesterday withdrew his damages action at the High Court.
Jamie Burke consented to an order to dismiss his claim against the shop after his cross-examination in which he agreed he had taken five Valium tablets before going for a breakfast roll to Spar on the morning in question.
The unemployed plasterer also told the court he has started proceedings in the Circuit Court after an alleged slip and fall in a shop two days before in which he said he sprained his left ankle.
Mr Burke, of Drum-heath Avenue, Blanchardstown, Dublin, had sued Mullcrest Foodstore Ltd the owners and operators of the Spar at The Crescent, Church Rd, Blanchardstown, Dublin, as a result of the alleged accident on August 6, 2007.
Mullcrest denied the claims and said Mr Burke was not caused to lose his balance by a spill or an accumulation of liquid in the area of the exit to the shop.
Mr Justice Anthony Barr was also told that two years previously Mr Burke lost a case against Fingal County Council over an alleged injury to the shin on his left foot.
Earlier, Mr Burke told the court he had a crutch which was given to him after his alleged fall two days previously when he said he sprained his ankle.
He said on August 6, 2007, at about 9.30am he walked to the Spar shop not far from his home to buy a roll and cigarettes. After making his purchase, he said he was walking out the exit when his crutch slipped and he fell on his left leg. “I toppled over on to the mat,” he said.
He said afterwards he noticed his trousers were wet.
Cross examined by Declan Buckley SC, for Spar, Mr Burke said he “slipped on the floor because the mat was wet”.
Asked what he said to the shop manager who went to help him, Mr Burke replied he said his crutch had slipped. Asked again what he had told the manager, Mr Burke said he was not too sure.
Counsel asked had he taken five Valium tablets that morning. Counsel said the medical notes reflected Mr Burke had said this to paramedics.
Mr Burke said he thought he took the Valium the day before for a pain in his leg. Put to him by counsel that he had taken five Valium the morning of the accident, Mr Burke agreed and said his friend had called around and it must have been in the morning.
When the case resumed in the afternoon Mr Justice Barr was told the case could be dismissed with no order as to costs which means each side pays their own legal bill.
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