Fisherman awarded €60k for ankle break

A fisherman who fractured his ankle after climbing a makeshift gate when his way from a river path was blocked was yesterday awarded €60,000 by the High Court.

The accident happened near the Dargle River, in Bray, in Co Wicklow.

Mr Justice Kevin Cross said that Christopher Brien had not beeen able to return to his hobby of fishing for nearly a year afterwards.

Mr Brien, of Greenpark Road, in Bray, in Co Wicklow, had sued SIAC Construction Ltd, Clondalkin, Dublin, who are in examinership.

He claimed SIAC were negligent in allowing the public right-of-way to be blocked by a makeshift wooden gate, which was nailed in place, and there was also a failure to provide a gate that was capable of being opened and closed.

He further claimed that there had been a failure, on the night of the accident on July 8, 2013, to warn the public that the right-of-way was blocked.

Mr Justice Cross was told that judgment had already been given against SIAC and it was before the court for the assessment of damages only.

Mr Brien told the court he had gone night-fishing with a friend and they had caught a few mullet, working their way up and down the Dargle River.

When they finished, at midnight, they went to exit via the pedestrian access on Seapoint Rd, at the Dargle Bridge.

He said the way was blocked by a makeshift gate that had a plank of plywood nailed to it. He attempted to get over it, but his foot became caught and he fell.

He said he spent three weeks in hospital and now any more than two miles of walking was difficult for him.

The landscape gardener said he had not been able to take up fishing again for a year after the accident. Mr Brien said he also now had arthritis.

Awarding €60,000, Mr Justice Kevin Cross said Mr Brien had impressed him as an honest witness.