Dublin woman ‘dropped on head’ loses claim

A woman has lost a High Court action against a nightclub claiming it was negligent in admitting a drunk man who she said picked her up and dropped her on her head.

Tasha Fitzsimons, aged 27, claimed she was subjected to a few minutes of unwanted pestering by another patron, Andrew Kellet, who knew a sister of Ms Fitzsimons.

He grabbed her and threw her into the air when he slipped and fell, causing her to go over his shoulders and hit the floor hard, she claimed.

She sued Templeville Developments Ltd, which owns and operates Barcode nightclub in Clontarf, Dublin, claiming damages for a serious cut to her forehead and an elbow fracture as a result of the incident on December 22, 2008.

Ms Fitzsimons, of Glentworth Park, Ard na Greine, Malahide Rd, Dublin, claimed the club was negligent in failing to adequately supervise the venue.

She claimed there was a failure to ensure other patrons were not allowed in with excess alcohol and not given more drink while there.

The club denied her claims and said the incident as described by her did not happen. It claimed she got up on Mr Kellet’s back at one stage. Ms Fitzsimons denied this.

Dismissing the action, Mr Justice Michael White said while she had suffered a significant injury on a night out, it was Mr Kellet who was responsible.

Mr Kellet was not a defendant. However, he gave evidence that he had been laughing and joking with Ms Fitzsimons before she climbed on his back and he fell forward after losing his balance, the judge said.