Man: Santa Ponsa trip grounded by stair slip

A 59-year-old Cork man who was about to leave home for a holiday in Santa Ponza slipped on the stairs of his local authority flat complex and yesterday he commenced a High Court case against Cork City Council.

William Busteed was at home on Saturday, May 9, 2009, and had “a couple of small bottles of Budweiser” as he got ready for his trip. He denied defence claims he was incapacitated due to intoxication at the time.

Before describing his fall on what he said was a wet stairwell, Mr Busteed went into some detail about the smoke alarm. He said that the alarm in the six-unit complex went off on average twice a week. He said when this occurred, vents in the ceiling over the stairwell opened 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.

He told Mr Justice Daniel Herbert that on the day of the accident he was early for the flight as he liked to get to the airport in time to have a pint to relax himself. But on the fourth or fifth step from the top of the stairwell he slipped. “I used an expletive, oh ‘s’, then I was at the bottom of the stairwell. I slipped on a wet surface. I went down on my face. My legs are on the steps, I am stuck into the corner,” he said.

His injuries were to the left side of his face and his left shoulder and a fracture to his left arm.

Liam Gaynor, Cork City Council’s senior counsel, said the local authority had a full record of complaints made by Mr Busteed and responses made on the day of or the day following each complaint. He queried why they would not attend to complaints about the vent being open when they responded efficiently to every other complaint. Mr Busteed said he did not know.

Mr Gaynor said: “You were rushing to get to a taxi, you had too much to drink, you had two joints, you missed your step because you were intoxicated.” He said the reference to two cannabis joints came from the medical notes taken at Cork University Hospital that night. Mr Busteed said that was rubbish: “I have been known to take a pint but that is as far as it goes. I abhor the stuff [cannabis], never have, never will, I know why they call it dope.”

Judge Herbert said after the plaintiff made these comments he was extremely concerned that a medical person would note, “plus two joints of hash”, when it was not the case.

The plaintiff’s senior counsel, Tom Creed, agreed and said: “I am awaiting the author of that because it is outrageous.”

The case continues.