Kerry hotel appeals €12,500 award for nightclub fall

David Sparling claimed he was walking near the bar area and he suddenly slipped onto his face on a wet floor of the nightclub

David Sparling claimed the Killarney Grand Hotel was negligent and in breach of its duty and care. The hotel denied the claims. File photo

A Kerry hotel is seeking to appeal a €12,500 award to a customer who slipped on a wet floor in its nightclub, the High Court has heard.

David Sparling (aged 42), of Ardshanavooly Estate, Park Road, Killarney, Co. Kerry, was awarded €12,500 last July by the Circuit Court in Killarney over the fall at the Killarney Grand Hotel, on May 5, 2014.

Circuit Judge James O'Sullivan however put a stay on the payment of the full award pending appeal providing €7,500 was paid to Mr Sparling within seven days.

Killarney Grand Hotel Ltd, operators of the nightclub and hotel, asked the High Court to vary the stay because it believes it will be successful in the appeal and therefore the payment of €7,500 was not necessary.

However, Mr Justice Charles Meenan said he was making no order on the hotel's application to vary the stay and put the appeal in for hearing in July.

Claim and counter-claim

In his action, Mr Sparling claimed he was walking near the bar area and he suddenly slipped onto his face on a wet floor. He suffered a cut lip and bruising to his face and lost part of a tooth, which he later lost entirely.

He claimed the hotel was negligent and in breach of its duty and care. The hotel denied the claims.

After the Circuit Court made its award, the Killarney Grand lodged an appeal claiming that Mr Sparling had told that court he was assisted to his feet by a nightclub security man who Mr Sparling said he knew. Mr Sparling also said the security man brought him to a bathroom and helped him stop the bleeding.

The hotel's solicitor, Seán O'Halloran, said in an affidavit the security guard in question told the Circuit Court he had no recollection of Mr Sparling falling or of helping him clean blood off.

Mr O'Halloran said the appeal will be based on a number of grounds including the fact that no evidence was given in the Circuit Court as to the nightclub's system of cleaning or inspection.

He also said if Mr Sparling is successful the payment of €7,500 was unnecessary because the hotel was insured and the insurers will be in a position to pay any sum awarded.

The appeal is being opposed.