Man tells court his legs are 'on fire with pain' as he sues over slip on allegedly wet floor in pub

An elderly bar worker who allegedly slipped and twisted his ankle on a bar floor 10 years ago and who claims he has been left in pain since has sued in the High Court.

Pensioner Maurice Durnin has claimed the accident at a Co. Clare bar and restaurant has left him suffering from chronic regional pain syndrome.

Opening the case Michael F Collins SC said Mr Durnin, who is now aged 71 years, has had to have a number of pain injections, procedures and to have a spinal chord stimulator fitted since the accident which appeared to be an "innocuous event" when he twisted his ankle as he worked at Cogan's Bar and Restaurant in Milltown Malbay, Co. Clare, in 2009.

He has "been put through the grinder” and “ he did not wish any of this to happen,” Counsel told the court at the opening of the case.

Ms Justice Bronagh O'Hanlon adjourned the case early after Mr Durnin broke down in court as he told how he had enjoyed his work and he cannot now enjoy his retirement. The judge said it all seemed "an extraordinary situation from what appears to have been a simple twisting of the ankle".

The judge said she realised it was very difficult for Mr Durnin and it was a very unusual case.

Maurice Durnin (aged 71) Banteer, Co Cork, has sued James Cogan the owner of Cogan’s Bar and restaurant on Main Street, Milltown Malbay, Co. Clare, as a result of the accident on March 3, 2009, when he was working as a waiter. He has claimed he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers.

He has claimed there was an alleged failure to ensure the floor was in a safe condition.

He has further claimed he is now disabled in certain day-to-day activities. All the claims are denied.

The Cogan side has also contended there was alleged negligence on the part of Mr Durnin who it is claimed did not look where he was walking. It is further alleged if the floor was wet, which is not admitted, Mr Durnin had allegedly failed to clean up and dry it in an appropriate manner.

In evidence, Mr Durnin said he had started working at Cogans in 2008. On a previous occasion he said there had been a flow of water around a stairs area and a tea towel was used to stem the flow and the area cleaned with a mop and nonslip mats placed on the floor.

He said on the day of the accident there was water on the floor when he opened up the premises. He used tea towels and also mopped the floor and put down the mats.

He said he slipped when he was serving breakfast but continued working. He later had to go to a doctor and was referred to hospital and given crutches. An MRI later showed diffuse synovitis of the ankle.

Mr Durnin told the court he now has pain on his right and left side of his body and his legs were “on fire with pain.”

The case before Ms Justice Bronagh O’Hanlon continues tomorrow.