Surveyor ordered to pay costs as he loses €60k damages claim for slipping on wet work steps

Judge O’Connor said video evidence of the incident had shown Mr Barnwell had been carrying an umbrella, a mobile phone and a paper.

A still from CCTV footage of John Barnwell shown at the Circuit Civil Court. Picture: Collins Courts

An investment surveyor, who slipped on steps approaching offices where he worked in one of Dublin’s Georgian commercial blocks, has lost a €60,000 damages claim against two companies he sued and has been ordered to pay both their legal costs.

Judge John O’Connor in the Circuit Civil Court, when throwing out the personal injuries claim, told John Barnwell, of Roebuck Hill, Clonskeagh, Dublin 14, that he had failed to show proof of negligence.

Barnwell, who will be 42 on Saturday next, claimed he had been caused to fall on a wet day on polished granite steps leading up to 88 Lower Leeson Street, Dublin.

He had injured his right knee and had suffered a neck injury that had led to headaches following the incident in May 2018 and which had also caused him middle back pain.

Barnwell, who is just under 6ft 7ins tall, told barrister Conor Kearney, counsel for Jones engineering Ltd and Esprit Investments, owners and occupiers of the Lower Leeson Street Building, that he had not been running at the time.

As he had turned to climb the steps he had put his left foot on the lower step, slipped and struck his right knee against the granite and twisted his upper trunk in the fall.

He agreed with Mr Kearney, who appeared with Holmes O’Malley Sexton Solicitors for both defendants, that he had not gone to his GP until five months after the incident. It had been raining on the day of his fall and he had been carrying an umbrella as he turned onto the steps.

Barnwell said he worked in the building and used the steps five or six times a day.

Judge O’Connor, dismissing Barnwell’s claim together with costs against him, said he was a decent person but like any other plaintiff had to prove negligence on the part of defendants.

He said video evidence of the incident had shown that Mr Barnwell had been carrying an umbrella, a mobile phone and a paper in his hands at the time.

“I am satisfied he has not proved his case,” Judge O’Connor said.