An RTÉ studio supervisor who claims he has been left with a constant whistling in his ears after part of a toilet roll dispenser fell on his head as as he sat on the toilet at Montrose has sued in the High Court.

Christopher Bardin says he was sitting on the toilet for the disabled in the audience holding area adjoining Studio 4 when the toilet roll dispenser unexpectdedly opened and hit him on the left side of the head.

He claims he has been suffering from tinnitus in his left ear following the accident where the cover of the toilet roll dispenser popped open hitting him on the head on May 26, 2008.

Mr Bardin who the High Court heard has worked at RTÉ for 39 years has also filed another personal injuries claim over an alleged incident four years later which he claims exacerbated his tinnitus condition by about 50%.

Christopher Bardin, aged 61, of Rathmines Close, Rathmines, Dublin, has sued his employer RTÉ and cleaning contractors Maybin Support Services Ireland Ltd trading as Momentum Support with offices at Steeven’s Lane Dublin over the 2008 disabled toilet incident.

He has claimed there was a failure to adequately repair the toilet roll dispenser’s latching device and a failure to ensure the safety of the toilet facilites. Mr Bardin futher claimed there was a failure to maintain the toilet roll dispenser’s latching device in order to prevent it suddently hitting him.

He claims he has suffered a diminution of his enjoyment of life, together with a loss of amenity and he has great difficulty sleeping because of the constant whistling in his left ear which causes him to be irritable and anxious during the day.

Mr Justice Bernard Barton was told libaility had been admitted in this case and it was before the court for assessment of damages only.

Mr Bardin’s counsel Partricia Dillon SC opening the case said that Mr Bardin was struck first on the left ear and when he turned his head was struck again.

She said it was a substantial apparatus and Mr Bardin had within a few days taken a photograph of the dispenser. She said where there was a circular hole for a key a sticking type plaster had been used. The dispenser was later replaced.

Counsel said Mr Bardin within a short time of the dispenser part hitting him heard a whistle like sound in his ear and suffered from tinnitus since.

She said he had attended the Eye and Ear Hospital, but nothing adverse was found and a hearing test and audiogram showed up as normal.

The case before Mr Justice Bernard Barton continues today.


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