Man settles manhole-injury claim, after a dozen previous claims

A Dublin man's High Court claim for alleged negligence against eircom as a result of falling over a manhole has been settled.

The court heard that Gerard McWilliams had previously brought more than a dozen personal injuries actions.

Mr McWilliams (aged 52) Bawnlea Close, Tallaght, Co Dublin, who is an addiction counsellor and taxi driver, brought proceedings arising out injuries he claims he suffered to his ankle and knee.

He told the court that in the 1990s alone he was involved in 10 accidents.

This morning at the High Court, on what was to be the second day of the hearing, Mr Justice Vivian Lavan was informed the action had been settled. No details of the settlement were revealed to the court.

Yesterday during the opening of the High Court Mr McWilliams, who described by his counsel being accident-prone, told Mr Justice Vivian Lavan that another judge once described him (McWilliams) as being either "the luckiest or the unluckiest man" due to being involved in accidents that, he said, were not his fault.

In his action against eircom Mr McWilliams claims that around midnight on March 28, 2003 he twisted his ankle on the edge of a P&T steel cover located beside the kerb outside his home.

He claims that the company were negligent and in breach of duty of care towards him in their maintenance, repair, upkeep and supervision of the manhole cover and the area around it. The claims are denied.

Mr McWilliams told the court that the accident occurred when he was removing plants from the boot of his car. He said he was in immediate pain, and was eventually taken to hospital in Tallaght.

He was released from hospital and his ankle was put in a strap. However he complained of on-going pain and discomfort. Following reviews from an orthopedic surgeon and was fitted with a plaster cast.

Mr McWilliams told the court that his ankle is "still not right" and suffers from uncomfortable pain.

Because of the nature of his work as an addiction counsellor, Mr McWilliams said that he tried not to take strong pain killers and adopted a more holistic approach to his condition.

Under cross examination from Barney Quirke Bl for eircom, Mr McWilliams denied that the injuries he sustained that night were his fault. He told counsel that while he knew the cover had been there for 30 years - it was there since he moved into his home - that it was "camouflaged."

"I don't go looking for holes," he added.

When counsel asked Mr McWilliams if he had been involved in 13 to 14 previous personal injuries actions Mr McWilliams accepted that he may have been involved in 10 or 11 such cases arising out of accidents that "were not my fault".

Mr McWilliams said in response to counsel that it was probable that he brought proceedings out and received compensation arising out of road traffic accidents including ones that occurred in 1990, 1992 when his car was hit by a drunk driver, 1995 and 1996, 1997, 1999 and 2001.

Over the years Mr McWilliams said he suffered injuries to his neck, knees, back and cruciate ligament.

Mr McWilliams said it was probable that he brought proceedings as a result of falling and injuring himself in a neighbour's driveway in 1991, for which he received around IR£10,000 and for bring a case against a bakery as a result of alleged food poisoning at a bakery, and for injuries he sustained while out jogging in 1987.