Injured man ‘videoed going to shops’

The owners of a Kinsale hotel where a man claimed he fell from a third-floor window and ended up with life-changing injuries have applied to the High Court to have his action for damages dismissed.

Jason Platt, it has been submitted, has said he can not live independently following the incident and is housebound. However, video footage taken over nine days shows him going to the shops and driving his car.

Yesterday, Mr Justice Bernard Barton, who has already heard seven days of evidence in the action, was asked to dismiss the case, with the hotel side contending that some of the claims made by Mr Platt were “false and misleading”.

The High Court heard submissions from both sides in the case of Mr Platt, who is from Liverpool and has claimed he suffered life-changing injuries after falling out a window of the Old Bank House, Kinsale, as he attempted to flick ash from a cigarette.

Mr Platt had travelled to Kinsale for a Valentine’s weekend. He and partner Christine McKenna were staying at the Old Bank House, Pearse St, when he claims the incident took place on February 15, 2009.

The hotel owners have claimed that Mr Platt threw himself from the window of his guestroom following a heated argument with Ms McKenna.

Mr Platt has sued OBH Luxury Accommodation Ltd, with offices at Pearse St, Kinsale, and company director Ciaran Fitzgerald as a result of the incident in 2009.

He has claimed there was a failure to provide him with a safe hotel room and to have appropriate restraining mechanisms or safety bars fitted to the hotel windows.

As a result of his injuries, Mr Platt has claimed he is unable to live independently and has to use crutches and a wheelchair.

The defendants have denied the claims and contend that Mr Platt threw himself from the window of the guestroom and was guilty of contributory negligence and failed to exercise any care for his own safety.

In court yesterday, John Lucey, for the hotel owners, said it was clear from the video footage that Mr Platt drove, shopped, and was out of the house daily, even to purchase marijuana.

The video evidence, Mr Lucey said, contradicted Mr Platt’s evidence of not leaving home.

Counsel added that Mr Platt’s lack of recollection in court was “a charade which was part of his intent to mislead the court”.

“The video evidence showed Mr Platt could do a lot of things he said he could not,” counsel added.

At the core of the factual matters, Mr Lucey said, are issues of credibility of the plaintiff and Ms McKenna. “Those underlying credibility issues are central,” he added.

Michael Byrne, counsel for Mr Platt, said his client fell out the hotel bedroom window and this should not have happened.

He said Mr Platt’s injuries were significant. Mr Platt had not been believed over the severity of his injuries and believes he is in a dire situation, counsel added.

Mr Justice Barton reserved his decision to a later date.