A pensioner who has claimed he has had pain since he allegedly slipped on a floor of the Co Clare pub where he worked 10 years ago and twisted his ankle has told the High Court he "walks through the pain".
On day two of 71-year old Maurice Durnin's action against Cogan's Bar and restaurant, Milltown Malbay, video footage taken by a private investigator for the bar showed Mr Durnin at various times in the last few years walking his dog, going to hospital appointments and filling up his car at a petrol station as well as supermarket shopping.
Counsel for Cogan's Bar, Padraig McCartan SC, suggested it to Mr Durnin he is capable of doing “an awful lot more than you say”.
Mr Durnin replied he won't give in to the pain and does his best.
Counsel asked why was it when he visited doctors Mr Durnin was wearing an ankle brace and using a crutch but he is not when out on walks and shopping, Mr Durnin replied he "wears them at times".
Counsel said in one of the videos no limp was to be seen anywhere.
“I have been told to walk, so the ankle does not seize up. I have to push my way through it," he added.
Today Ms Justice Bronagh O Hanlon warned both sides of the case in "the stakes are high" and said she hoped there will be more than legal research done overnight, if there is wisdom.
One video showed Mr Durnin filling up his car at a petrol station and walking into the shop to pay.
Mr McCartan put it to Mr Durnin there was “no limp there”.
Ms Justice Bronagh O’Hanlon asked the pensioner what was his answer. Mr Durnin replied:
As far as I know I had a slight limp.
Maurice Durnin (71) of Banteer, Co Cork has sued James Cogan, the owner of Cogan’s Bar and restaurant, 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 and says 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.
Today the court also viewed footage of Mr Durnin walking at Killarney National Park.
Counsel asked was there any sign of a limp or a crutch. Mr Durnin replied by asking counsel to describe what he meant by a limp.
"I possibly had a small ankle brace on me," Mr Durnin added.
Another video showed Mr Durnin using a crutch as he attended a hospital appointment but he was not using a crutch as he entered a restaurant.
The case before Ms Justice Bronagh O'Hanlon continues tomorrow.