The High Court case against Cork City Council taken by a 59-year-old Cork man who was about to leave home for a holiday in Santa Ponza was settled out of court yesterday on undisclosed terms.
Tom Creed, senior counsel for William Busteed, told Mr Justice Daniel Herbert the plaintiff’s case had been settled and could be struck out.
Cork City Council senior counsel Liam Gaynor had claimed that the plaintiff was incapacitated prior to slipping on stairs at his apartment complex.
Mr Busteed said this was rubbish as he only had two and a half small bottles of Budweiser. He said airlines had become very strict and he had seen people in an intoxicated condition being told on the tarmac before boarding that they would not be allowed to travel, and he would not put himself in that kind of situation.
Mr Busteed said the smoke alarm in the six-unit complex went off on average twice a week, causing vents in the ceiling over the stairwell to open and let rain in until they were closed by a council official.
“I used to ring the Glen depot and you’d get an answering service and you’d leave a message and it is in the lap of the Gods then,” Mr Busteed said. Mr Gaynor said the council had a documented track record of responding on the day of or the day following a complaint by the plaintiff.
On that Saturday Mr Busteed said he was on the fourth or fifth step from the top of the stairwell and slipped. He suffered injuries to his face, shoulder, and arm.
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