A pensioner who 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he allegedly slipped on a floor of the Co Clare pub where he worked 10 years ago and twisted his ankle has dramatically withdrawn his damages claim at the High Court.
The move came after the second day of cross-examination by Counsel for Cogan's Bar and restaurant, Milltown Malbay, Co Clare of 71-year-old Maurice Durnin from Cork who claimed to be suffering from chronic "burning" pain.
Padraig McCartan SC had asked the pensioner why in the 12 observations of him in video footage taken by a private investigator for the Cogan side, from March 2012 up to last week and which was shown to the court, he never used a crutch or had a limp except when he was visiting two doctors.
Mr Durnin replied that none of the videos show he was suffering from chronic pain.
Counsel said there was "nothing like the limp" he exhibited on his first day in the High Court and that he had "limped markedly" in court. Counsel put it to Mr Durnin he was exaggerating his claim.
Mr Durnin replied he was wearing an ankle/foot support in court and added: "I am not trying to exaggerate anything. You can’t exaggerate chronic pain. You either have it or you don’t."
At one stage the pensioner said his main problem is his chronic pain and: "You can't see it."
I don't go through life saying ooh I have a pain. I carry on with life. I don't go around shouting and screaming. I still have chronic pain still and it is still very high.
He said his chronic pain was caused by the twisting of his ankle.
However after the court reconvened in the afternoon, Counsel for Mr Durnin Michael F Collins SC told the court the case had been settled on terms where it did not include a payment of compensation and the claim in its entirety was being withdrawn.
He asked that no order for costs be made, which means each side pays its own.
Ms Justice Bronagh O'Hanlon, who had heard evidence over two and a half days, wished both sides well.
The claim included one for special damages totalling about €250,000 and a large proportion of this was hospital bills.
Maurice Durnin (71) 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 had claimed he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers.
He had claimed there was an alleged failure to ensure the floor was in a safe condition and said he was now disabled in certain day-to-day activities.
All the claims were denied. The Cogan side also contended there was alleged negligence on the part of Mr Durnin who it is claimed did not look where he was walking.
It was further alleged if the floor was wet, which was not admitted, Mr Durnin had allegedly failed to clean up and dry it in an appropriate manner.
The court viewed footage of Mr Durnin walking at Killarney National Park, buying petrol, attending doctor's appointments and walking his dog on different occasions in the last few years.
Mr McCartan SC put it to Mr Durnin on one occasion he was swinging the crutch on his left hand. Mr Durnin replied: "I never swung a crutch in my life."
Counsel asked why Mr Durnin used a crutch in the video footage when he was visiting two doctors when he did every other activity without a crutch.
Mr Durnin said his main complaint is chronic pain.