Corkman settles fall claim for €1m

A 32-year-old man who claims he was left with a brain injury after he tripped and fell in a car park at night has settled his High Court action for €1m.

James O’Sullivan, the High Court heard, fell between 12ft and 20ft down to wasteland after tripping on the base unit of fencing at the the Muddy Hill Car Park in Mallow, Co Cork, over seven years ago.

The care assistant, his counsel told the court, fell over and down almost 20ft to the wasteland below, suffering a head injury,

Gerry Healy, defending, told Mr Justice Kevin Cross that liability was an issue in the case surrounding the nature of the injury.

James O’Sullivan, of Pencil Hill, Hazelwood, Mallow, had sued Mallow Town Council; Denis Murphy, of St Joseph’s Rd, Mallow; and Kilpatrick Civil Engineering Ltd, trading as Dan Casey Plant Hire and Groundworks, with offices at Kilpatrick, Ballclough, Mallow.

Mr O’Sullivan claimed that on December 10, 2007, he was in the car park when he was caused, during the hours of darkness, to trip and fall over a base unit forming part of a Heras fence near the boundary of the car park.

He further claimed the car park was allegedly unsafe and dangerous, and there was an alleged failure to provide any adequate or proper lighting.

Mr O’Sullivan, who was aged 25 at the time of the incident, claimed he subsequently developed symptoms of forgetfulness and, after the incident, developed post-traumatic epilepsy and post-traumatic stress disorder. It was alleged he suffered a profound neurological impairment as a result of the incident.

Mr O’Sullivan further claimed he was unnecessarily exposed to risk of injury, loss, and damage, of which it knew or ought to have been known.

All the claims were denied by the defendants.

Mr Healy told the court that Mr O’Sullivan fell in to wasteland below and was rendered unconscious. He was taken to Mallow General Hospital and later transferred to Cork University Hospital.

Approving the settlement, Mr Justice Cross said there was a conflict in the case.

There was no suggestion that Mr O’Sullivan was other than a truthful and honest person, but the cause of his difficulties had been put in issue by the defendants.

The judge said he could not adjudicate on that matter but approved the settlement as there was a risk that, if the case went on and the defendants’ contention was accepted, Mr O’Sullivan would get a smaller award.