€60k settlement for bench collapse

A man who was injured when a bench he was sitting on suddenly collapsed has settled his High Court action for €60,000.
€60k settlement for bench collapse

The High Court was told the bench had been bought and assembled just weeks before the accident.

Raymond Kingston, aged 49, suffered a dislocated shoulder and had three seizures after he hit his head when the bench collapsed as he sat on it three years ago.

The High Court heard he now has to use a different hand for bowling and cannot swim like before.

Mr Kingston from Vevay Road, Bray, Co Wicklow, had sued Grafton Group PLC, trading as Woodies DIY, who sold the bench at its Southern Cross Road Bray store, and Sunbeam House Services Ltd, Killarney Road, Bray, Co Wicklow, as a result of the accident on July 6, 2013.

Mr Kingston sat on the bench at a Sunbeam centre at Vevay Road, Bray.

He claimed that Grafton Group PLC had permitted a faulty bench to be sold and failed to take any or any reasonable care to ensure the bench was assembled properly.

He claimed against Sunbeam House Services Ltd that there was a failure to take any or any adequate measures whether by way of examination or inspection to ensure the bench was reasonably safe and not faulty and remained free from any dangers which were likely to cause a person to fall from the bench.

Counsel Niamh Foley told the court Mr Kingston was sitting on the bench when it suddenly collapsed.

She said that liability was not an issue in the case and it was before the court for assessment of damages only.

The garden bench she said had been purchased on May 29, 2013.

As a result of his shoulder injury which required an operation, counsel said Mr Kingston had limited use of his right shoulder and now had to play bowling with his left hand instead of his right and was not able to swim.

Approving the settlement, Mr Justice Kevin Cross said it was a good settlement in the circumstances and he wished Mr Kingston all the best for the future.

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